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 dismissed the appeal by the Revenue and upheld the impugned order, quashing confiscation and penalty relating to recovery of 80 bags of posta dana. The Tribunal held that the Department failed to discharge the burden of proof that the consignment was of foreign origin or smuggled: seizure relied solely on invoice verification and opinions of three local traders without specifying any third country, and no expert report or analysis from a notified laboratory was procured. As posta dana is not a commodity specified under s.123 of the Customs Act, the onus to establish illicit import lay squarely on the authorities. Documentary gaps, if any, should be addressed under domestic law, not by invoking the Customs Act.
CESTAT dismissed the appeal by the Revenue and upheld the impugned order, quashing confiscation and penalty relating to recovery of 80 bags of posta dana. The Tribunal held that the Department failed to discharge the burden of proof that the consignment was of foreign origin or smuggled: seizure relied solely on invoice verification and opinions of three local traders without specifying any third country, and no expert report or analysis from a notified laboratory was procured. As posta dana is not a commodity specified under s.123 of the Customs Act, the onus to establish illicit import lay squarely on the authorities. Documentary gaps, if any, should be addressed under domestic law, not by invoking the Customs Act.
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