Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
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...
The dominant issue was whether exemption for re-imported goods after repairs under Notification No. 94/96-Cus could be denied for want of marks and numbers proving identity with the earlier exported goods. The tribunal held that, despite absence of physical identification marks, the chain of commercial invoices, airway bills, and the repair certificate sufficiently established documentary linkage between the exported defective parts and the re-imported goods, entitling the importer to the exemption. Consequently, re-determination of value, confiscation, redemption fine, and penalty were unsustainable, and the impugned order was set aside with consequential relief. - CESTAT
The dominant issue was whether exemption for re-imported goods after repairs under Notification No. 94/96-Cus could be denied for want of marks and numbers proving identity with the earlier exported goods. The tribunal held that, despite absence of physical identification marks, the chain of commercial invoices, airway bills, and the repair certificate sufficiently established documentary linkage between the exported defective parts and the re-imported goods, entitling the importer to the exemption. Consequently, re-determination of value, confiscation, redemption fine, and penalty were unsustainable, and the impugned order was set aside with consequential relief. - CESTAT
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