Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Smuggling - Absolute confiscation of three gold bars and one small piece of remelted gold - Penalty u/s 112(a) and (b)(i) of Customs Act - The Tribunal noted that the confiscated gold did not bear any foreign markings and was not of standard size, shape, or weight typical of foreign-origin gold. This observation raised doubts about the assumption of its smuggled nature solely based on its physical characteristics. The Tribunal found that the Revenue had not provided substantial evidence to prove the smuggled nature of the gold, relying primarily on assumptions and the initial, subsequently retracted statements of the appellants' employees. - The Tribunal set aside the penalties imposed on the appellants and ordered the return of the confiscated gold to the managing partner. In instances where the gold had been disposed of by Revenue, the appellant was entitled to receive the sale proceeds along with interest.
Smuggling - Absolute confiscation of three gold bars and one small piece of remelted gold - Penalty u/s 112(a) and (b)(i) of Customs Act - The Tribunal noted that the confiscated gold did not bear any foreign markings and was not of standard size, shape, or weight typical of foreign-origin gold. This observation raised doubts about the assumption of its smuggled nature solely based on its physical characteristics. The Tribunal found that the Revenue had not provided substantial evidence to prove the smuggled nature of the gold, relying primarily on assumptions and the initial, subsequently retracted statements of the appellants' employees. - The Tribunal set aside the penalties imposed on the appellants and ordered the return of the confiscated gold to the managing partner. In instances where the gold had been disposed of by Revenue, the appellant was entitled to receive the sale proceeds along with interest.
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