Appeal allows marketing payments as deductible business expenses under Sec.37; director pay retained; R&D deductible from certificate date under Sec.3...
Registration under s.12AB upheld; CIT(Exemptions) exceeded jurisdiction by deciding taxability instead of preliminary verification and registration di...
CESTAT held that the Revenue could not invoke the extended period of limitation and that penalty under Section 78 was unsustainable, dismissing the appeal. The Tribunal found prior adjudication by an earlier SCN and failure by Revenue to issue a timely Statement of Demand under Section 73A, precluding issuance of a subsequent SCN for the same issue; there was no evidence of deliberate suppression or mala fide conduct by the Appellant to evade tax. Consequently the extended limitation period could not be availed and attendant penalties were set aside; the appeal lacked merit and was dismissed.
CESTAT held that the Revenue could not invoke the extended period of limitation and that penalty under Section 78 was unsustainable, dismissing the appeal. The Tribunal found prior adjudication by an earlier SCN and failure by Revenue to issue a timely Statement of Demand under Section 73A, precluding issuance of a subsequent SCN for the same issue; there was no evidence of deliberate suppression or mala fide conduct by the Appellant to evade tax. Consequently the extended limitation period could not be availed and attendant penalties were set aside; the appeal lacked merit and was dismissed.
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