Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Straight-line lease rental accounting change results in penalty quashed where disclosed accounts and bona fide arguable accounting interpretation exis...
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CESTAT upheld the customs authority's rejection of the appellant's application for a Private Warehouse Licence under Section 58 of the Customs Act, 1962, interpreting Regulation 3(2)(c) of the PWLR to render ineligible any person on whom penalty under Section 114A has been imposed. The Tribunal held that the appellant's construction would make Regulation 3(2)(b) or 3(2)(c) redundant, contrary to settled principles of statutory interpretation requiring harmonious construction and effect to every provision. Accepting the Commissioner's reasoning that conviction-based disqualification falls under Regulation 3(2)(b) and penalty-based disqualification under 3(2)(c), CESTAT dismissed the appeal.
CESTAT upheld the customs authority's rejection of the appellant's application for a Private Warehouse Licence under Section 58 of the Customs Act, 1962, interpreting Regulation 3(2)(c) of the PWLR to render ineligible any person on whom penalty under Section 114A has been imposed. The Tribunal held that the appellant's construction would make Regulation 3(2)(b) or 3(2)(c) redundant, contrary to settled principles of statutory interpretation requiring harmonious construction and effect to every provision. Accepting the Commissioner's reasoning that conviction-based disqualification falls under Regulation 3(2)(b) and penalty-based disqualification under 3(2)(c), CESTAT dismissed the appeal.
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