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...
Where duty exemption was availed by using a Focus Market Scheme scrip later found to be fraudulently enhanced/forged, customs duty demand was held sustainable since exemption based on a forged scrip cannot extinguish statutory duty liability, notwithstanding the importer's claimed bona fide purchase and subsequent payment under protest. Accordingly, duty liability and allied confirmations in the impugned order were upheld. However, penalty under s.114AA of the Customs Act was set aside because the provision requires knowing or intentional use/making of a false document, and the record did not establish that the importer had knowledge of manipulation or participated in the fraud. - CESTAT
Where duty exemption was availed by using a Focus Market Scheme scrip later found to be fraudulently enhanced/forged, customs duty demand was held sustainable since exemption based on a forged scrip cannot extinguish statutory duty liability, notwithstanding the importer's claimed bona fide purchase and subsequent payment under protest. Accordingly, duty liability and allied confirmations in the impugned order were upheld. However, penalty under s.114AA of the Customs Act was set aside because the provision requires knowing or intentional use/making of a false document, and the record did not establish that the importer had knowledge of manipulation or participated in the fraud. - CESTAT
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