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 levied u/s 271B - not getting accounts Audited within the due date specified u/s 44AB - It was established that the appellant did not maintain the books of accounts within the due date specified u/s 139(1) of the Act, which rendered the question of getting them audited u/s 44AB irrelevant. The Tribunal referred to judgments of various High Courts, including the Guwahati High Court and the Allahabad High Court, which held that if the books of accounts were not maintained at all, the provisions of section 44AB of the Act do not get violated, and hence penalty u/s 271B would not apply.
Penalty levied u/s 271B - not getting accounts Audited within the due date specified u/s 44AB - It was established that the appellant did not maintain the books of accounts within the due date specified u/s 139(1) of the Act, which rendered the question of getting them audited u/s 44AB irrelevant. The Tribunal referred to judgments of various High Courts, including the Guwahati High Court and the Allahabad High Court, which held that if the books of accounts were not maintained at all, the provisions of section 44AB of the Act do not get violated, and hence penalty u/s 271B would not apply.
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