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 partly allowed the appeal concerning refund of 4% Additional Duty of Customs on imported construction materials. It held that production of documents evidencing payment of VAT/CST, along with a Chartered Accountant certificate, satisfied para 2(e)(iii) of Notification No. 102/2007-Cus read with Circular No. 16/2008, and that the authority erred in rejecting the certificate merely for not conforming to the indicative format in PN 39/2011. However, applying the one-year limitation introduced by Notification No. 93/2008, the Tribunal held the refund claims linked to four specified bills of entry to be time-barred, granting refund only for the remainder.
CESTAT partly allowed the appeal concerning refund of 4% Additional Duty of Customs on imported construction materials. It held that production of documents evidencing payment of VAT/CST, along with a Chartered Accountant certificate, satisfied para 2(e)(iii) of Notification No. 102/2007-Cus read with Circular No. 16/2008, and that the authority erred in rejecting the certificate merely for not conforming to the indicative format in PN 39/2011. However, applying the one-year limitation introduced by Notification No. 93/2008, the Tribunal held the refund claims linked to four specified bills of entry to be time-barred, granting refund only for the remainder.
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