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...
The AT dismissed the appeal, upholding the adjudicating authority's refusal to permit cross-examination and to furnish additional documents. The tribunal found the application for cross-examination premature, non-specific and bereft of any articulable need-seeking examination of unspecified passport holders, bank employees and officers-and therefore an abuse designed to delay summary quasi-judicial proceedings. The demand for documents was held contrary to the noticee's prior statements recorded under Section 108 of the Customs Act, with no credible evidence of retraction. In the absence of any demonstrable illegality or prejudice from the impugned order, the appeal fails and is dismissed.
The AT dismissed the appeal, upholding the adjudicating authority's refusal to permit cross-examination and to furnish additional documents. The tribunal found the application for cross-examination premature, non-specific and bereft of any articulable need-seeking examination of unspecified passport holders, bank employees and officers-and therefore an abuse designed to delay summary quasi-judicial proceedings. The demand for documents was held contrary to the noticee's prior statements recorded under Section 108 of the Customs Act, with no credible evidence of retraction. In the absence of any demonstrable illegality or prejudice from the impugned order, the appeal fails and is dismissed.
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