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...
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Imported inputs/parts for manufacturing cellular mobile phones in a bonded warehouse were examined for simultaneous eligibility of exemption under N/N 57/2017-Cus (IGCR) and duty deferment under the MOOWR scheme, and for the treatment of manufacturing waste/scrap. It was held that IGCR benefits can be availed along with MOOWR, provided all conditions under the notification and IGCR Rules (including time limits and end-use compliance) are strictly met in addition to MOOWR requirements. However, disposal of waste/refuse generated in a MOOWR unit is governed exclusively by s.65(2) of the Customs Act read with MOOWR Regulations; duty neutrality applies on export of finished goods if linked waste is destroyed or cleared on duty, while home consumption attracts duty on finished goods and input-content in waste. - AAR
Imported inputs/parts for manufacturing cellular mobile phones in a bonded warehouse were examined for simultaneous eligibility of exemption under N/N 57/2017-Cus (IGCR) and duty deferment under the MOOWR scheme, and for the treatment of manufacturing waste/scrap. It was held that IGCR benefits can be availed along with MOOWR, provided all conditions under the notification and IGCR Rules (including time limits and end-use compliance) are strictly met in addition to MOOWR requirements. However, disposal of waste/refuse generated in a MOOWR unit is governed exclusively by s.65(2) of the Customs Act read with MOOWR Regulations; duty neutrality applies on export of finished goods if linked waste is destroyed or cleared on duty, while home consumption attracts duty on finished goods and input-content in waste. - AAR
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