Political contribution deductions require genuine transactions; banking records and party registration alone cannot defeat evidence of accommodation e...
Post-death GST liability permits fresh proceedings against legal representatives, while discontinued-business recovery remains limited to the inherite...
Non-confirmation of FEMA seizure prevents adjudicators from overriding pending appellate findings on recorded reasons and suspected foreign asset hold...
CESTAT allowed the appeals and set aside the impugned orders, holding that demands for differential export duty, interest, confiscation and penalties were unsustainable. The Tribunal ruled the post-2011 self-assessment regime could not be applied to transactions predating 08-04-2011, and that under the earlier regime it was incumbent on the proper officer to verify, examine, sample and assess export value when the goods were presented. The Department's failure to draw/test samples, seek clarifications or provisionally assess precluded invocation of the extended limitation period. Further, as the Let Export Order issued 09-06-2008, the demand arising from Notification No.79/2008 was inapplicable. Consequently, the redetermination and attendant fiscal and penal consequences were quashed.
CESTAT allowed the appeals and set aside the impugned orders, holding that demands for differential export duty, interest, confiscation and penalties were unsustainable. The Tribunal ruled the post-2011 self-assessment regime could not be applied to transactions predating 08-04-2011, and that under the earlier regime it was incumbent on the proper officer to verify, examine, sample and assess export value when the goods were presented. The Department's failure to draw/test samples, seek clarifications or provisionally assess precluded invocation of the extended limitation period. Further, as the Let Export Order issued 09-06-2008, the demand arising from Notification No.79/2008 was inapplicable. Consequently, the redetermination and attendant fiscal and penal consequences were quashed.
Note: It is a system-generated summary and is for quick reference only.