Business deductions and transfer pricing issues: tribunal treatment of software write-offs, donation receipts, warranty provisions, and related expens...
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Levy of penalty u/r 26 on the Director of the company - Allegation of Clandestine removal of goods - The Tribunal observed that the statement of an employee, admitting to supplying goods, did not specify quantities, values, or payments, making it insufficient as evidence. - Further, The adjudicating authority did not cross-examine the employee, as required under Section 9 (d) of the Central Excise Act, 1944. Without cross-examination, the employee's statement could not be relied upon as evidence. - No penalty - AT
Levy of penalty u/r 26 on the Director of the company - Allegation of Clandestine removal of goods - The Tribunal observed that the statement of an employee, admitting to supplying goods, did not specify quantities, values, or payments, making it insufficient as evidence. - Further, The adjudicating authority did not cross-examine the employee, as required under Section 9 (d) of the Central Excise Act, 1944. Without cross-examination, the employee's statement could not be relied upon as evidence. - No penalty - AT
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