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...
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CESTAT upheld the impugned Order-in-Original revoking the suspension of the customs broker licence, dismissing the appeal. The Tribunal found the adjudicating authority had duly considered the allegations in the SCN under CBLR, 2013 and had not acted without appreciation of the purported enormity of the offence. The appellant's contention that the revocation should have awaited the outcome of an inquiry was rejected as unsustainable, given the statutory timelines for issuance of SCN, appointment of an inquiry officer and disposal of proceedings under CBLR. There being no material to vitiate the impugned order, the appeal was dismissed and the revocation upheld.
CESTAT upheld the impugned Order-in-Original revoking the suspension of the customs broker licence, dismissing the appeal. The Tribunal found the adjudicating authority had duly considered the allegations in the SCN under CBLR, 2013 and had not acted without appreciation of the purported enormity of the offence. The appellant's contention that the revocation should have awaited the outcome of an inquiry was rejected as unsustainable, given the statutory timelines for issuance of SCN, appointment of an inquiry officer and disposal of proceedings under CBLR. There being no material to vitiate the impugned order, the appeal was dismissed and the revocation upheld.
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