Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
Late filing fees for supplementary Bills of Entry relating to excess bulk cargo should not be imposed mechanically where the original declarations were timely, the supplementary filing resulted from excess quantity identified through joint survey, and the variation arose from inherent measurement or moisture differences. The relevant considerations include absence of suppression, misdeclaration, undervaluation, duty evasion, deliberate delay, or mala fides, together with payment of duty on the additional quantity upon assessment. The legal notes indicate that the proper officer should assess whether sufficient cause explains the delayed supplementary declaration and apply the established Tribunal approach consistently.
Late filing fees for supplementary Bills of Entry relating to excess bulk cargo should not be imposed mechanically where the original declarations were timely, the supplementary filing resulted from excess quantity identified through joint survey, and the variation arose from inherent measurement or moisture differences. The relevant considerations include absence of suppression, misdeclaration, undervaluation, duty evasion, deliberate delay, or mala fides, together with payment of duty on the additional quantity upon assessment. The legal notes indicate that the proper officer should assess whether sufficient cause explains the delayed supplementary declaration and apply the established Tribunal approach consistently.
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