Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
Ratification of resignation acceptance validates separation retrospectively, while withdrawal may be refused through reasoned administrative discretio...
Personal penalties for alleged abetment of gold smuggling require proof beyond uncorroborated accomplice statements and suspicion. Where no incriminating article or alleged syndicate mobile connection was recovered from the Customs Hawaldar, the accomplice statement lacked corroboration in material particulars. Call records indicating communication with the Superintendent before seizure supported the defence that information had been conveyed, while the Department did not investigate whether other officers had been alerted. Tower-location evidence suggesting use of a mobile connection could not establish involvement. The personal penalties were therefore set aside with consequential relief.
Personal penalties for alleged abetment of gold smuggling require proof beyond uncorroborated accomplice statements and suspicion. Where no incriminating article or alleged syndicate mobile connection was recovered from the Customs Hawaldar, the accomplice statement lacked corroboration in material particulars. Call records indicating communication with the Superintendent before seizure supported the defence that information had been conveyed, while the Department did not investigate whether other officers had been alerted. Tower-location evidence suggesting use of a mobile connection could not establish involvement. The personal penalties were therefore set aside with consequential relief.
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