Revisional power in block assessment upheld, undisclosed search income sustained, freight suppression addition restored, accrued lorry hire liability ...
Reassessment and fee-for-technical-services classification: reopening upheld, but certain reimbursements and mobilization charges fell outside treaty ...
Section 80P deduction for co-operative societies remains available despite nominal members and housing society status, with limited interest income tr...
Advance Authorisation disputes over duty-free gold turned on whether later-regularised supporting manufacturers and clerical errors in export documents amounted to diversion or breach of the Actual User condition. The Tribunal treated dispatch to manufacturers later endorsed by DGFT as a curable procedural lapse, not unauthorised diversion, and found no basis for confiscation. It also accepted that excess jewellery over the invoice declaration arose from a clerical mistake, with no mens rea or pecuniary gain, so confiscation and redemption fine were unsustainable. Because the gold was seized before expiry of the export-obligation period and remained part of authorised imports, absolute confiscation was also set aside. Penalties failed with the confiscations and were deleted.
Advance Authorisation disputes over duty-free gold turned on whether later-regularised supporting manufacturers and clerical errors in export documents amounted to diversion or breach of the Actual User condition. The Tribunal treated dispatch to manufacturers later endorsed by DGFT as a curable procedural lapse, not unauthorised diversion, and found no basis for confiscation. It also accepted that excess jewellery over the invoice declaration arose from a clerical mistake, with no mens rea or pecuniary gain, so confiscation and redemption fine were unsustainable. Because the gold was seized before expiry of the export-obligation period and remained part of authorised imports, absolute confiscation was also set aside. Penalties failed with the confiscations and were deleted.
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