Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Penalties under s.112(b) for consignments imported in the name of non-existent firms were unsustainable because the appellants neither claimed ownership nor was there evidence linking them to those consignments; mere stuffing of multiple importers' LCL cargo in the same container could not fasten liability for another importer's violations, so the related penalties were set aside. Confiscation of goods imported using a lent IEC was also unsustainable since s.119 applies only where goods are used to conceal other goods, and the concerned goods were separate and not concealment devices; consequential penalties were therefore quashed and the confiscation order set aside to that extent, with the appeal allowed - CESTAT
Penalties under s.112(b) for consignments imported in the name of non-existent firms were unsustainable because the appellants neither claimed ownership nor was there evidence linking them to those consignments; mere stuffing of multiple importers' LCL cargo in the same container could not fasten liability for another importer's violations, so the related penalties were set aside. Confiscation of goods imported using a lent IEC was also unsustainable since s.119 applies only where goods are used to conceal other goods, and the concerned goods were separate and not concealment devices; consequential penalties were therefore quashed and the confiscation order set aside to that extent, with the appeal allowed - CESTAT
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