Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguard...
For smuggled notified gold recovered from premises under a person's possession or control, the burden shifts to that person to prove lawful import, procurement or possession. On the facts recorded, no documents or plausible explanation supported licit storage, and the surrounding circumstances independently showed keeping, harbouring and dealing with goods liable to confiscation, so liability under sections 112(a) and 112(b) was sustained. The penalty was nevertheless reduced because the seized gold lacked foreign markings and the departmental statements had not satisfied the safeguards contemplated by section 138B, making those factors relevant to quantum but not to exoneration. The appeal was partly allowed only on penalty.
For smuggled notified gold recovered from premises under a person's possession or control, the burden shifts to that person to prove lawful import, procurement or possession. On the facts recorded, no documents or plausible explanation supported licit storage, and the surrounding circumstances independently showed keeping, harbouring and dealing with goods liable to confiscation, so liability under sections 112(a) and 112(b) was sustained. The penalty was nevertheless reduced because the seized gold lacked foreign markings and the departmental statements had not satisfied the safeguards contemplated by section 138B, making those factors relevant to quantum but not to exoneration. The appeal was partly allowed only on penalty.
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