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...
Penal liability of a Customs Broker for abetment of attempted Red Sanders export requires evidence of a positive act, prior knowledge, active collusion, or assistance; failure alone to verify an IEC holder does not establish abetment. Where the Broker obtained and verified KYC and IEC documents, co-operated with the investigation, and no evidence linked it to the attempted smuggling, the Tribunal found no basis for an abetment penalty. The penalty was set aside, and the Revenue's attempt to impose an additional penalty was rejected.
Penal liability of a Customs Broker for abetment of attempted Red Sanders export requires evidence of a positive act, prior knowledge, active collusion, or assistance; failure alone to verify an IEC holder does not establish abetment. Where the Broker obtained and verified KYC and IEC documents, co-operated with the investigation, and no evidence linked it to the attempted smuggling, the Tribunal found no basis for an abetment penalty. The penalty was set aside, and the Revenue's attempt to impose an additional penalty was rejected.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4881 
