Service permanent establishment requires non-auxiliary services, while arm's-length distributor remuneration precludes further profit attribution in I...
Make-available condition excludes standard SaaS subscription receipts where customers receive no independently usable technical knowledge after subscr...
Anonymous donation classification fails where charitable trusts maintain undisputed donor identity records and evidence corpus contributions' intended...
Transfer pricing method selection favours TNMM where medical-equipment distribution involves substantial post-import value addition and operational ri...
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Abetment under Section 112(a) failed because abetment requires an actual committer and an abettor, and the record did not establish who the importer was or that either appellant was the importer. The Tribunal also noted that the case rested mainly on an uncorroborated statement retracted at the earliest opportunity, while a key investigative lead from the phone number in the shipping documents was not pursued; the penalty under Section 112(a) was set aside. Section 114AA was confined to fraudulent exports made only on paper without any physical export, so it did not apply to imports; the penalty under that provision was also set aside.
Abetment under Section 112(a) failed because abetment requires an actual committer and an abettor, and the record did not establish who the importer was or that either appellant was the importer. The Tribunal also noted that the case rested mainly on an uncorroborated statement retracted at the earliest opportunity, while a key investigative lead from the phone number in the shipping documents was not pursued; the penalty under Section 112(a) was set aside. Section 114AA was confined to fraudulent exports made only on paper without any physical export, so it did not apply to imports; the penalty under that provision was also set aside.
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