Transfer-pricing benchmarking and capital-receipt principles sustained taxpayer relief, while unsupported property-advance write-offs remained disallo...
Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
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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