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 and set aside the penalty imposed under s.112(a) of the Customs Act on the chartered engineer-appellant. The Tribunal found procedural infirmities: the show-cause notice initially omitted the appellant and only included him by corrigendum; statements relied on under s.108 were inadmissible given non-compliance with s.138B procedural requirements; and the appellant's role was limited to certifying installation, not the subsequent use of the imported vehicles. Further, because confiscation and penalties previously imposed on the importer and its directors were vacated, imposition of penalty on the engineer could not be sustained. The impugned order is quashed and the appeal is allowed.
CESTAT allowed the appeal and set aside the penalty imposed under s.112(a) of the Customs Act on the chartered engineer-appellant. The Tribunal found procedural infirmities: the show-cause notice initially omitted the appellant and only included him by corrigendum; statements relied on under s.108 were inadmissible given non-compliance with s.138B procedural requirements; and the appellant's role was limited to certifying installation, not the subsequent use of the imported vehicles. Further, because confiscation and penalties previously imposed on the importer and its directors were vacated, imposition of penalty on the engineer could not be sustained. The impugned order is quashed and the appeal is allowed.
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