Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
Disciplinary action against an Assessing Officer for granting exemption while exercising quasi-judicial powers was unsustainable because the charge alleged only a faulty assessment, departure from the Department's earlier stand, and revenue prejudice. The HC held that misconduct requires more than an erroneous or debatable decision and must reflect lack of integrity, want of devotion to duty, mala fides, recklessness, conscious disregard of law, or undue favour. The officer had relied on earlier ITAT orders, relevant precedent, and changed facts, so his view was plausible and reasoned. In the absence of evidence of ill intention or personal gain, the charge-sheet and penalty order were rightly quashed, and the writ petition was dismissed.
Disciplinary action against an Assessing Officer for granting exemption while exercising quasi-judicial powers was unsustainable because the charge alleged only a faulty assessment, departure from the Department's earlier stand, and revenue prejudice. The HC held that misconduct requires more than an erroneous or debatable decision and must reflect lack of integrity, want of devotion to duty, mala fides, recklessness, conscious disregard of law, or undue favour. The officer had relied on earlier ITAT orders, relevant precedent, and changed facts, so his view was plausible and reasoned. In the absence of evidence of ill intention or personal gain, the charge-sheet and penalty order were rightly quashed, and the writ petition was dismissed.
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