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...
CESTAT set aside penalties for abetment of improper export and for use of false or incorrect material because the record did not show a specific, corroborated role by the appellant in overvaluation, misclassification, or the drawback claim. The evidence only linked him to helping obtain a fake driving licence and facilitate a bank account for the alleged mastermind, which was insufficient for penalty under Section 114(iii) and outside the scope of Section 114AA, as he was not shown to have filed, made, signed, or used any false customs document. The Tribunal also held that Section 117 could not be invoked without a show cause notice proposing that penalty.
CESTAT set aside penalties for abetment of improper export and for use of false or incorrect material because the record did not show a specific, corroborated role by the appellant in overvaluation, misclassification, or the drawback claim. The evidence only linked him to helping obtain a fake driving licence and facilitate a bank account for the alleged mastermind, which was insufficient for penalty under Section 114(iii) and outside the scope of Section 114AA, as he was not shown to have filed, made, signed, or used any false customs document. The Tribunal also held that Section 117 could not be invoked without a show cause notice proposing that penalty.
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