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 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.
Note: It is a system-generated summary and is for quick reference only.