CESTAT Mumbai held that confiscation and differential duty based on Air Cargo Complex imports and post parcel valuation were without legal authority. The order imposing penalties and confiscation was set aside.
The Court invalidated the assessment order after finding that it was issued within a week of notice and without meaningful opportunity of hearing.
The Court held that the assessment order was invalid because no hearing date was communicated after 06.11.2023, resulting in an ex-parte order. The matter was remanded for fresh proceedings.
The High Court dismissed the writ petition challenging ITC demands, noting that an alternative statutory remedy under Section 107 of the CGST Act is available and must be pursued.
The Court set aside the penalty imposed for expired e-way bill, holding that proceedings under Section 129 require proof of intent to evade tax, which was absent.
Tribunal quashed penalty where AO’s addition for alleged bogus purchases was purely estimated, emphasizing that penalties require concrete evidence of income concealment.
ITAT Delhi held that a reassessment notice issued three years after the relevant AY is invalid if the alleged escaped income is below ₹50 lakh, reinforcing the statutory threshold protection.
ITAT condoned delay as assessee learned of assessment only after bank account attachment, emphasizing the violation of natural justice. Key takeaway: Ex-parte orders require proper notice before dismissal.
The appeal was allowed as the notice under section 148 was sanctioned by an authority not competent under law. All proceedings following the invalid notice were held void-ab-initio. The ruling highlights the necessity of proper sanction for reopening assessments beyond three years.
The Tribunal allowed sales commission payments to family members engaged in company operations, deleting disallowances. The ruling emphasizes that commission need not be tied to individual sales but to services rendered. It sets a precedent for assessing commission to related parties in business operations.
