Trademark depreciation and section 14A adjustments: ITAT applies consistency, independent book-profit computation, and no disallowance without exempt ...
Rebuttable search presumptions and corroboration standards shaped deletion of unsubstantiated additions, while rental income and limited profit estima...
CESTAT allowed the appeal filed by the assessee and held that Revenue was entitled only to the duty, interest and penalty as quantified by the Settlement Commission in respect of the first SCN, to be adjusted against the fixed deposit created pursuant to SC directions. CESTAT ruled that Revenue had no authority to appropriate any further sums towards other outstanding dues from separate litigations while processing the refund. Noting prolonged deprivation of the lawful refund, CESTAT directed that interest at 6% p.a. be calculated on Rs. 34,95,275/- for the period 08.08.2019 to 29.05.2023 and granted to the assessee without any additional application. Revenue was directed to disburse the interest within eight weeks of receipt of the order.
CESTAT allowed the appeal filed by the assessee and held that Revenue was entitled only to the duty, interest and penalty as quantified by the Settlement Commission in respect of the first SCN, to be adjusted against the fixed deposit created pursuant to SC directions. CESTAT ruled that Revenue had no authority to appropriate any further sums towards other outstanding dues from separate litigations while processing the refund. Noting prolonged deprivation of the lawful refund, CESTAT directed that interest at 6% p.a. be calculated on Rs. 34,95,275/- for the period 08.08.2019 to 29.05.2023 and granted to the assessee without any additional application. Revenue was directed to disburse the interest within eight weeks of receipt of the order.
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