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 allowed the appeal of the 100% EOU, holding that the benefit of N/N. 52/2003-Cus applies to inputs used in manufacture even where wastage exceeds SION norms, provided the inputs are actually used in the production process and waste/scrap is duly cleared on payment of duty and not removed unauthorisedly. Relying on the interpretation of the non-obstante clause in the notification, the Tribunal rejected the Department's view that excess wastage automatically attracted duty or penalty. It held that the Commissioner and the adjudicating authority had erred in demanding customs duty of Rs. 34,555/-, imposing penalty of Rs. 5,000/- and redemption fine of Rs. 20,000/-. All such demands and penalties were set aside, and the appeal was fully allowed.
CESTAT allowed the appeal of the 100% EOU, holding that the benefit of N/N. 52/2003-Cus applies to inputs used in manufacture even where wastage exceeds SION norms, provided the inputs are actually used in the production process and waste/scrap is duly cleared on payment of duty and not removed unauthorisedly. Relying on the interpretation of the non-obstante clause in the notification, the Tribunal rejected the Department's view that excess wastage automatically attracted duty or penalty. It held that the Commissioner and the adjudicating authority had erred in demanding customs duty of Rs. 34,555/-, imposing penalty of Rs. 5,000/- and redemption fine of Rs. 20,000/-. All such demands and penalties were set aside, and the appeal was fully allowed.
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