Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
CESTAT held that supplies of excisable goods from DTA to SEZ units are exempt from central excise duty by virtue of Section 26 of the SEZ Act, 2005, which overrides inconsistent provisions of other laws through Section 51. The Tribunal ruled that exemption granted under SEZ law cannot be curtailed by procedural conditions or requirements prescribed in central excise notifications or circulars, including non-compliance with forms or procedures under such instruments. Consequently, the confirmation of duty demands under Section 11A of the CEA by invoking the extended period, and the imposition of penalty under Section 11AC, were found unsustainable in law. The impugned order was set aside and the appeal of M/s X allowed.
CESTAT held that supplies of excisable goods from DTA to SEZ units are exempt from central excise duty by virtue of Section 26 of the SEZ Act, 2005, which overrides inconsistent provisions of other laws through Section 51. The Tribunal ruled that exemption granted under SEZ law cannot be curtailed by procedural conditions or requirements prescribed in central excise notifications or circulars, including non-compliance with forms or procedures under such instruments. Consequently, the confirmation of duty demands under Section 11A of the CEA by invoking the extended period, and the imposition of penalty under Section 11AC, were found unsustainable in law. The impugned order was set aside and the appeal of M/s X allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
