Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
Penalties for shortages of duty-free gold and silver jewellery require evidence of intentional diversion to evade customs duty. Where the proprietorship concern itself reported the shortage, theft was indicated, and differential duty with interest was paid, penalties on the concern and the person supervising manufacturing operations do not sustain. Statements from persons unavailable for permitted cross-examination cannot be relied on without compliance with statutory conditions and corroboration; an unmatched police recovery does not conclusively establish involvement in removal of the goods. A proprietorship concern and its proprietor are legally the same entity, preventing separate penalties on both. Differential customs duty and interest remain payable, while all penalties are set aside.
Penalties for shortages of duty-free gold and silver jewellery require evidence of intentional diversion to evade customs duty. Where the proprietorship concern itself reported the shortage, theft was indicated, and differential duty with interest was paid, penalties on the concern and the person supervising manufacturing operations do not sustain. Statements from persons unavailable for permitted cross-examination cannot be relied on without compliance with statutory conditions and corroboration; an unmatched police recovery does not conclusively establish involvement in removal of the goods. A proprietorship concern and its proprietor are legally the same entity, preventing separate penalties on both. Differential customs duty and interest remain payable, while all penalties are set aside.
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