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 set aside the impugned order, finding non-application of mind and failure to consider technical submissions that showed the imported goods were copolymer and thus outside the notified scope for anti-dumping duty; the show-cause notice is restored and remanded to the original authority for fresh adjudication. The Tribunal held that self-assessment and RMS do not obviate the statutory obligation to reassess under sections 17(2)-(4) and to record a speaking order as required by section 17(5); any extended-period invocation and penalties under section 114A must be predicated on a valid reassessment of rate/value under section 28. The appeal is disposed by remand.
CESTAT set aside the impugned order, finding non-application of mind and failure to consider technical submissions that showed the imported goods were copolymer and thus outside the notified scope for anti-dumping duty; the show-cause notice is restored and remanded to the original authority for fresh adjudication. The Tribunal held that self-assessment and RMS do not obviate the statutory obligation to reassess under sections 17(2)-(4) and to record a speaking order as required by section 17(5); any extended-period invocation and penalties under section 114A must be predicated on a valid reassessment of rate/value under section 28. The appeal is disposed by remand.
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