Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Maintainability of appeal - monetary limit involved in the appeal - Smuggling - Gold Bars - The case involved the confiscation of 3.5 kg of gold bars by the Custom Authority, which was later contested by the respondents in legal proceedings. The respondents claimed that the gold was possessed as per the terms of a Will executed by one of their grandmothers. The Tribunal found the Will to be valid and accepted that the gold was legally obtained through the legacy mentioned in the Will. Consequently, the Tribunal ruled that the gold did not constitute smuggled items under the Customs Act. As a result, the imposition of penalties by the revenue was deemed unjustified, and the appeals were allowed in favor of the respondents. The High court dismissed the appeals below the monetary limit, as per the litigation policy, with no order as to costs.
Maintainability of appeal - monetary limit involved in the appeal - Smuggling - Gold Bars - The case involved the confiscation of 3.5 kg of gold bars by the Custom Authority, which was later contested by the respondents in legal proceedings. The respondents claimed that the gold was possessed as per the terms of a Will executed by one of their grandmothers. The Tribunal found the Will to be valid and accepted that the gold was legally obtained through the legacy mentioned in the Will. Consequently, the Tribunal ruled that the gold did not constitute smuggled items under the Customs Act. As a result, the imposition of penalties by the revenue was deemed unjustified, and the appeals were allowed in favor of the respondents. The High court dismissed the appeals below the monetary limit, as per the litigation policy, with no order as to costs.
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