ESOP expenditure allowed as FMV difference; long-term capital gain issue sent back for collector rate determination; deferred income additions disallo...
Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
CESTAT allowed the appeal by remand, setting aside the impugned order of the Commissioner (Appeals) and condoning a 36-day delay. The Tribunal held the limitation for filing an appeal under s.128 must be computed from communication of a speaking order by the Assessing Officer, not merely from the date of provisional assessment of the bill of entry. As the Appellant had requested a speaking order and received no response, the appeal was within time. The matter is remitted to the Commissioner (Appeals) to pass a decision conforming to s.128A(4), and to make further enquiries, if necessary under s.128A(3), and dispose of the appeal within four months.
CESTAT allowed the appeal by remand, setting aside the impugned order of the Commissioner (Appeals) and condoning a 36-day delay. The Tribunal held the limitation for filing an appeal under s.128 must be computed from communication of a speaking order by the Assessing Officer, not merely from the date of provisional assessment of the bill of entry. As the Appellant had requested a speaking order and received no response, the appeal was within time. The matter is remitted to the Commissioner (Appeals) to pass a decision conforming to s.128A(4), and to make further enquiries, if necessary under s.128A(3), and dispose of the appeal within four months.
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