Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
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Confiscation of old and used multi-function devices was sustained only because they were restricted second-hand electronics and IT goods imported without required DGFT authorisation; the related redemption fine and importer penalty were reduced. The Tribunal rejected the other grounds of confiscation: the CRO, 2021 exemption for highly specialised equipment was found to rest on objective criteria and was wrongly denied; WPC approval could not be insisted on without affirmative proof of wireless capability; non-compliance with hazardous-waste import conditions was not proved in light of valid EPR authorisation and post-import inspection; and valuation re-determination alone did not establish wilful misdeclaration. Penalty on the Director under Section 114AA was set aside for lack of proof of knowing use of false documents.
Confiscation of old and used multi-function devices was sustained only because they were restricted second-hand electronics and IT goods imported without required DGFT authorisation; the related redemption fine and importer penalty were reduced. The Tribunal rejected the other grounds of confiscation: the CRO, 2021 exemption for highly specialised equipment was found to rest on objective criteria and was wrongly denied; WPC approval could not be insisted on without affirmative proof of wireless capability; non-compliance with hazardous-waste import conditions was not proved in light of valid EPR authorisation and post-import inspection; and valuation re-determination alone did not establish wilful misdeclaration. Penalty on the Director under Section 114AA was set aside for lack of proof of knowing use of false documents.
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