Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
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Penalty for abetment under customs law could not be sustained where the show cause notice alleged only breach of authorised courier obligations under Regulation 13 of the Courier Imports and Exports (Clearance) Regulations, 1998, and did not specifically allege abetment. The Tribunal noted that Section 112(a) penalty was imposed on an abetment basis without the necessary allegation, making the penalty untenable. It also observed that proceedings under the courier regulations had already been dropped in the appellant's favour, so the alleged regulatory contravention could not support the penalty.
Penalty for abetment under customs law could not be sustained where the show cause notice alleged only breach of authorised courier obligations under Regulation 13 of the Courier Imports and Exports (Clearance) Regulations, 1998, and did not specifically allege abetment. The Tribunal noted that Section 112(a) penalty was imposed on an abetment basis without the necessary allegation, making the penalty untenable. It also observed that proceedings under the courier regulations had already been dropped in the appellant's favour, so the alleged regulatory contravention could not support the penalty.
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