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 held that non-return of seized documents and the laptop, including non-relied upon materials, violated principles of natural justice and impaired the appellant's right to an effective defence against rejection of declared transaction value and re-determination under the Customs Valuation Rules, 1988. The Tribunal emphasized that the Department cannot act contrary to its own circulars and that it is for the assessee to decide how to use non-relied documents to contest the case. Consequently, the impugned order was set aside and the matter was remanded to the jurisdictional adjudicating authority for de novo adjudication.
CESTAT held that non-return of seized documents and the laptop, including non-relied upon materials, violated principles of natural justice and impaired the appellant's right to an effective defence against rejection of declared transaction value and re-determination under the Customs Valuation Rules, 1988. The Tribunal emphasized that the Department cannot act contrary to its own circulars and that it is for the assessee to decide how to use non-relied documents to contest the case. Consequently, the impugned order was set aside and the matter was remanded to the jurisdictional adjudicating authority for de novo adjudication.
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