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 ...
E-filing system failure permits exclusion of affected time in insolvency appeals, preventing tribunal technology defects from defeating timely filings...
Refusal of a private bonded warehouse licence for cut and...
Customs offence disqualification excludes civil contraventions, preventing refusal of a private bonded warehouse licence based solely on monetary penalties.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Refusal of a private bonded warehouse licence for cut and polished diamonds cannot rest solely on prior customs adjudication imposing duty, redemption fine and monetary penalties. Regulation 3(2)(c) disqualifies an applicant penalised for an offence under the Customs Act, while civil contraventions attracting monetary penalties remain distinct from criminal offences liable to prosecution. On that distinction, prior adjudication orders did not establish the required disqualification, so the refusal was set aside and the licence application could not be rejected on that basis.
Refusal of a private bonded warehouse licence for cut and polished diamonds cannot rest solely on prior customs adjudication imposing duty, redemption fine and monetary penalties. Regulation 3(2)(c) disqualifies an applicant penalised for an offence under the Customs Act, while civil contraventions attracting monetary penalties remain distinct from criminal offences liable to prosecution. On that distinction, prior adjudication orders did not establish the required disqualification, so the refusal was set aside and the licence application could not be rejected on that basis.
Note: It is a system-generated summary and is for quick reference only.