Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
A customs broker's failure to verify the authenticity of duty credit scrips was treated as conscious facilitation where forged, duplicated and re-registered DGFT scrips were used for duty debit. The Tribunal held that the broker was bound to insist on physical copies or verify the scrip particulars from the DGFT database, since the clearance condition required production of the scrip before the proper officer for debit. On the facts, the repeated use of forged scrips and complete lack of verification justified liability under section 114AA, and the penalty was upheld. The Tribunal distinguished an earlier CESTAT ruling because intent and knowledge had been specifically addressed here.
A customs broker's failure to verify the authenticity of duty credit scrips was treated as conscious facilitation where forged, duplicated and re-registered DGFT scrips were used for duty debit. The Tribunal held that the broker was bound to insist on physical copies or verify the scrip particulars from the DGFT database, since the clearance condition required production of the scrip before the proper officer for debit. On the facts, the repeated use of forged scrips and complete lack of verification justified liability under section 114AA, and the penalty was upheld. The Tribunal distinguished an earlier CESTAT ruling because intent and knowledge had been specifically addressed here.
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