Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
CESTAT allowed the appeal and set aside the Commissioner's order dated 21.10.2024, holding that the imposition of penalty could not be sustained. The Tribunal affirmed the Inquiry Officer's factual finding that the appellant did not contravene regulations 10(d) and 10(e) (and related provisions 11(d)/11(e)) of the CBLR, 2013, noting that subsequent reassessment of earlier Bills of Entry resulted in acceptance of the contested CTSH and grant of the Notification benefit and refund of differential duty. The Commissioner's disagreement with the Inquiry Officer's report was procedurally unsound because he failed to issue a reasoned show-cause notice before overruling that report; accordingly the penalty and the impugned order were set aside.
CESTAT allowed the appeal and set aside the Commissioner's order dated 21.10.2024, holding that the imposition of penalty could not be sustained. The Tribunal affirmed the Inquiry Officer's factual finding that the appellant did not contravene regulations 10(d) and 10(e) (and related provisions 11(d)/11(e)) of the CBLR, 2013, noting that subsequent reassessment of earlier Bills of Entry resulted in acceptance of the contested CTSH and grant of the Notification benefit and refund of differential duty. The Commissioner's disagreement with the Inquiry Officer's report was procedurally unsound because he failed to issue a reasoned show-cause notice before overruling that report; accordingly the penalty and the impugned order were set aside.
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