Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Penalties under Sections 112(a) and 114AA were held unsustainable where the importer filed an emission certificate issued by an authorised agency, together with Bills of Entry and supporting technical documents, and Customs cleared the goods after verification. The Tribunal found no suppression, concealment, or knowing use of a false or incorrect document, and accepted that the importer acted bona fide in relying on the certificate. The later objection that the certificate was not in the form of a type approval certificate did not establish the ingredients for penalty, so the penalties were set aside.
Penalties under Sections 112(a) and 114AA were held unsustainable where the importer filed an emission certificate issued by an authorised agency, together with Bills of Entry and supporting technical documents, and Customs cleared the goods after verification. The Tribunal found no suppression, concealment, or knowing use of a false or incorrect document, and accepted that the importer acted bona fide in relying on the certificate. The later objection that the certificate was not in the form of a type approval certificate did not establish the ingredients for penalty, so the penalties were set aside.
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