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 held that the show-cause notice invoking the extended limitation under s.28, Customs Act, 1962, was time-barred and declined to adjudicate the merits. The tribunal noted departmental ambiguity on tariff classification of TV tuners during the relevant period and that the impugned order itself adopted a different CTH than initially assessed. Applying the principle that a time-barred demand precludes merit adjudication, as affirmed by higher courts, CESTAT set aside the impugned order and allowed the appeal, thereby quashing the demand insofar as it was raised beyond the statutory period against the Appellant and dismissing the Revenue's extended limitation plea.
CESTAT held that the show-cause notice invoking the extended limitation under s.28, Customs Act, 1962, was time-barred and declined to adjudicate the merits. The tribunal noted departmental ambiguity on tariff classification of TV tuners during the relevant period and that the impugned order itself adopted a different CTH than initially assessed. Applying the principle that a time-barred demand precludes merit adjudication, as affirmed by higher courts, CESTAT set aside the impugned order and allowed the appeal, thereby quashing the demand insofar as it was raised beyond the statutory period against the Appellant and dismissing the Revenue's extended limitation plea.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4819 
Join Channel 
