Transfer-pricing tolerance for software sub-licensing falls within the services range, eliminating the adjustment and requiring TDS-credit verificatio...
Customs Broker due diligence requires prescribed KYC, not detecting misdeclarations discoverable only through physical examination, defeating licence ...
E-filing system failure permits exclusion of affected time in insolvency appeals, preventing tribunal technology defects from defeating timely filings...
Pre-existing disputes over outcome-based professional fees can bar Section 9 insolvency proceedings where contractual entitlement requires investigati...
Corresponding scheduled offences preserve money-laundering jurisdiction despite repeal of the central corruption provision where conduct remains cover...
Confiscation of Indian currency alleged to represent sale proceeds of smuggled gold requires the department to prove every statutory condition. The burden-of-proof presumption applies only to specified or notified goods and does not shift the burden to a person holding seized Indian currency. Confiscation further requires proof of identified smuggled goods, their sale by a person with the requisite knowledge, and a direct, identifiable nexus between that sale and the seized currency; suspicion or an unsatisfactory explanation for cash is insufficient. Penalty likewise requires identified goods liable to confiscation and proof of the relevant knowing act or dealing. Remand cannot cure missing foundational facts or expand beyond show-cause notice allegations.
Confiscation of Indian currency alleged to represent sale proceeds of smuggled gold requires the department to prove every statutory condition. The burden-of-proof presumption applies only to specified or notified goods and does not shift the burden to a person holding seized Indian currency. Confiscation further requires proof of identified smuggled goods, their sale by a person with the requisite knowledge, and a direct, identifiable nexus between that sale and the seized currency; suspicion or an unsatisfactory explanation for cash is insufficient. Penalty likewise requires identified goods liable to confiscation and proof of the relevant knowing act or dealing. Remand cannot cure missing foundational facts or expand beyond show-cause notice allegations.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4883 
