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...
Burden of proof in a town seizure of gold was discharged by purchase register entries, purchase invoices, GST returns and job work challans showing lawful procurement and tax-paid stock. Because the gold bore no foreign-origin markings and the adjudicating authority had ignored this documentary evidence, the presumption of smuggling was rebutted. The allegation that the gold was foreign origin was therefore unsustainable, confiscation was not justified, and release of the seized gold was directed. As the penalties were only consequential to the confiscation, they too could not survive and were set aside.
Burden of proof in a town seizure of gold was discharged by purchase register entries, purchase invoices, GST returns and job work challans showing lawful procurement and tax-paid stock. Because the gold bore no foreign-origin markings and the adjudicating authority had ignored this documentary evidence, the presumption of smuggling was rebutted. The allegation that the gold was foreign origin was therefore unsustainable, confiscation was not justified, and release of the seized gold was directed. As the penalties were only consequential to the confiscation, they too could not survive and were set aside.
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