Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
Penalty u/s 270A - allegation of misreporting as per section 270A(9) - Penalty @200% in respect of excess claim of depreciation - The tribunal found that the depreciation claims, although excessive, were based on a bona fide belief stemming from previous practices. Therefore, it did not constitute a deliberate misreporting. The tribunal agreed that the issue was debatable and thus, did not automatically translate to misreporting or underreporting of income. Ultimately, the tribunal decided to quash the penalties, ruling in favor of the assessee in both appeals based on the merits of the arguments presented and the procedural flaws highlighted during the appeal process.
Penalty u/s 270A - allegation of misreporting as per section 270A(9) - Penalty @200% in respect of excess claim of depreciation - The tribunal found that the depreciation claims, although excessive, were based on a bona fide belief stemming from previous practices. Therefore, it did not constitute a deliberate misreporting. The tribunal agreed that the issue was debatable and thus, did not automatically translate to misreporting or underreporting of income. Ultimately, the tribunal decided to quash the penalties, ruling in favor of the assessee in both appeals based on the merits of the arguments presented and the procedural flaws highlighted during the appeal process.
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