Social forestry expenditure requires activity-based classification, limiting book-profit adjustments and preserving penalty relief where normal additi...
Inaccurate-particulars penalties fail where transfer-pricing documentation shows good faith and due diligence, and underlying capital-gains additions ...
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 ...
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Reverse burden for notified gold arises only when seizure rests on an honest, bona fide reasonable belief, supported by objective material that the gold was smuggled; suspicion, re-melted form, purity, or absent foreign markings do not suffice. Contemporaneous invoices, supplier confirmation and banking records may discharge the burden by establishing domestic procurement on a preponderance of probabilities unless rebutted through investigation. Retracted customs statements require independent corroboration, and material contradictions between a seizure record and electronic toll records undermine reliance on the seizure narrative. Denial of cross-examination of material witnesses prejudices natural justice. Without proof of illegal importation or knowledge of confiscability, confiscation and consequential penalties cannot stand; the departmental appeal was dismissed.
Reverse burden for notified gold arises only when seizure rests on an honest, bona fide reasonable belief, supported by objective material that the gold was smuggled; suspicion, re-melted form, purity, or absent foreign markings do not suffice. Contemporaneous invoices, supplier confirmation and banking records may discharge the burden by establishing domestic procurement on a preponderance of probabilities unless rebutted through investigation. Retracted customs statements require independent corroboration, and material contradictions between a seizure record and electronic toll records undermine reliance on the seizure narrative. Denial of cross-examination of material witnesses prejudices natural justice. Without proof of illegal importation or knowledge of confiscability, confiscation and consequential penalties cannot stand; the departmental appeal was dismissed.
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