Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Equalisation levy was held inapplicable to reimbursement paid by an Indian petitioner to its overseas subsidiary for online advertising services obtained from Google USA, because the charging provisions in Sections 164 and 165 of the Finance Act, 2016 apply only to consideration for a specified service received or receivable by a non-resident from a resident in India or from a non-resident with a permanent establishment in India. The Court declined to expand the levy by inference or substance-over-form reasoning, and held that reimbursement was not part of the statutory definition. It further held that the corporate veil could not be pierced absent evidence of impropriety or a sham structure, and that survey statements had no independent probative value to fasten liability.
Equalisation levy was held inapplicable to reimbursement paid by an Indian petitioner to its overseas subsidiary for online advertising services obtained from Google USA, because the charging provisions in Sections 164 and 165 of the Finance Act, 2016 apply only to consideration for a specified service received or receivable by a non-resident from a resident in India or from a non-resident with a permanent establishment in India. The Court declined to expand the levy by inference or substance-over-form reasoning, and held that reimbursement was not part of the statutory definition. It further held that the corporate veil could not be pierced absent evidence of impropriety or a sham structure, and that survey statements had no independent probative value to fasten liability.
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