Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Revenue must prove country-of-origin misdeclaration through reliable, authenticated evidence; unauthenticated foreign customs intelligence and unsupported electronic material may trigger investigation but cannot conclusively establish origin. Where origin misdeclaration is not proved, confiscation and related fines or penalties founded on that allegation cannot stand. Goods already cleared for home consumption after examination cannot subsequently be confiscated for absence of phytosanitary certificates because they cease to be imported goods. Seized goods lacking the required certificate remain liable to confiscation, but may be released on redemption and production of the certificate. A penalty cannot be imposed under Section 112 unless the show cause notice proposed that penalty.
Revenue must prove country-of-origin misdeclaration through reliable, authenticated evidence; unauthenticated foreign customs intelligence and unsupported electronic material may trigger investigation but cannot conclusively establish origin. Where origin misdeclaration is not proved, confiscation and related fines or penalties founded on that allegation cannot stand. Goods already cleared for home consumption after examination cannot subsequently be confiscated for absence of phytosanitary certificates because they cease to be imported goods. Seized goods lacking the required certificate remain liable to confiscation, but may be released on redemption and production of the certificate. A penalty cannot be imposed under Section 112 unless the show cause notice proposed that penalty.
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