Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
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Breach of the secure transit obligation under cargo handling regulations, by itself, did not establish abetment of attempted export of prohibited goods. The essential basis for penalty under Section 114 was knowledge that the goods were liable to confiscation, or admissible evidence of active participation or positive collusion, and that evidentiary burden was not met. A mere omission in secure transport, without proof of such knowledge or abetment, was insufficient. The penalty was therefore unsustainable and was set aside, and the appeal was allowed.
Breach of the secure transit obligation under cargo handling regulations, by itself, did not establish abetment of attempted export of prohibited goods. The essential basis for penalty under Section 114 was knowledge that the goods were liable to confiscation, or admissible evidence of active participation or positive collusion, and that evidentiary burden was not met. A mere omission in secure transport, without proof of such knowledge or abetment, was insufficient. The penalty was therefore unsustainable and was set aside, and the appeal was allowed.
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