Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
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At the discharge stage, a strong suspicion based on material capable of being translated into evidence is sufficient, and the court should not conduct a detailed evaluation aimed at conviction. However, prosecution witnesses lacked personal knowledge, merely proved departmental materials, or did not specify the alleged method of excise-duty evasion; the underlying records were not produced, making record-derived evidence inadmissible. Departmental adjudication orders and penalties alone cannot establish criminal liability, as the criminal court must independently assess whether duty evasion occurred and constituted an offence. On the available material, no prima facie case was disclosed, so discharge was upheld and the revision dismissed.
At the discharge stage, a strong suspicion based on material capable of being translated into evidence is sufficient, and the court should not conduct a detailed evaluation aimed at conviction. However, prosecution witnesses lacked personal knowledge, merely proved departmental materials, or did not specify the alleged method of excise-duty evasion; the underlying records were not produced, making record-derived evidence inadmissible. Departmental adjudication orders and penalties alone cannot establish criminal liability, as the criminal court must independently assess whether duty evasion occurred and constituted an offence. On the available material, no prima facie case was disclosed, so discharge was upheld and the revision dismissed.
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