PMLA anticipatory bail requires satisfaction of twin conditions, while predicate-offence protection does not extend to independent money-laundering pr...
School-affiliation charges remain taxable where not directly connected with examinations, while extended limitation requires proof of deliberate tax e...
Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
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CESTAT allowed the appeal and set aside the impugned order. It held that valuation could not be on transaction value under s.4(1)(a) as removals were stock transfers; valuation fell under s.4(1)(b) read with Rule 7. Discounts known at or before removal, whether via invoice or post-clearance credit notes, qualified as permissible deductions from assessable value where genuinely passed to buyers, supported by ledgers and policies. The departmental disallowance of such discounts and consequent differential duty demand was unsustainable; interest on those disallowed demands was not exigible. Payments of differential duty with interest voluntarily made by the Appellant were considered non-refundable. Appeal allowed.
CESTAT allowed the appeal and set aside the impugned order. It held that valuation could not be on transaction value under s.4(1)(a) as removals were stock transfers; valuation fell under s.4(1)(b) read with Rule 7. Discounts known at or before removal, whether via invoice or post-clearance credit notes, qualified as permissible deductions from assessable value where genuinely passed to buyers, supported by ledgers and policies. The departmental disallowance of such discounts and consequent differential duty demand was unsustainable; interest on those disallowed demands was not exigible. Payments of differential duty with interest voluntarily made by the Appellant were considered non-refundable. Appeal allowed.
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