Service permanent establishment requires non-auxiliary services, while arm's-length distributor remuneration precludes further profit attribution in I...
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Levy of penalty - Search and seizure operation at the petitioner's godown. - The Court held that invoking Section 129(3) in this instance was without jurisdiction. The provision, intended for regulating goods in transit, was misapplied to a stationary godown, a static location not covered under the said section's purview. This misapplication highlighted a significant procedural misstep, as the actions undertaken by the officers exceeded their jurisdictional boundaries set by the Act. - The Court criticized this deliberate mischaracterization, refraining from delving into the motives behind such conduct to avoid a lengthy process. However, it emphasized the accountability of the officers, recommending administrative review and appropriate disciplinary action.
Levy of penalty - Search and seizure operation at the petitioner's godown. - The Court held that invoking Section 129(3) in this instance was without jurisdiction. The provision, intended for regulating goods in transit, was misapplied to a stationary godown, a static location not covered under the said section's purview. This misapplication highlighted a significant procedural misstep, as the actions undertaken by the officers exceeded their jurisdictional boundaries set by the Act. - The Court criticized this deliberate mischaracterization, refraining from delving into the motives behind such conduct to avoid a lengthy process. However, it emphasized the accountability of the officers, recommending administrative review and appropriate disciplinary action.
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