Capital-gains exemption for charitable trusts extends to qualifying fixed deposits, while unrecoverable TDS write-offs may constitute income applicati...
India-UK treaty characterisation of telecom-service receipts as business profits withstands unilateral domestic-law amendments for Indian tax purposes...
Transfer-pricing reimbursement adjustments require uncontrolled comparables and cannot become expense-genuineness reviews, resulting in deletion of th...
Food import sampling requirements support provisional release where unseized consignments conform to standards and raw areca classification is unestab...
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Address and business-particular discrepancies in transport documents do not by themselves establish deliberate contravention or intent to evade tax. Where goods are accompanied by a tax invoice and e-way bill and no quantity or quality discrepancy exists, technical or procedural defects require independent, reliable evidence of evasion before a penalty may be sustained. Penalty proceedings cannot rest on assumptions or unsubstantiated allegations. In the absence of sufficient evidence of intent to evade tax, the penalty and the appellate order sustaining it were set aside.
Address and business-particular discrepancies in transport documents do not by themselves establish deliberate contravention or intent to evade tax. Where goods are accompanied by a tax invoice and e-way bill and no quantity or quality discrepancy exists, technical or procedural defects require independent, reliable evidence of evasion before a penalty may be sustained. Penalty proceedings cannot rest on assumptions or unsubstantiated allegations. In the absence of sufficient evidence of intent to evade tax, the penalty and the appellate order sustaining it were set aside.
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