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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...
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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...
Seizure of gold of foreign origin, silver granules and Indian currency notes - The High Court overturned the CESTAT's decision, emphasizing that: The statements made by the respondent under Section 108 of the Customs Act were considered voluntary and credible, despite the subsequent retraction. The respondent's claim that the gold was obtained from melted old jewellery was unsupported by any documentary evidence. The burden of proof under Section 123 of the Customs Act lies with the person from whom the goods were seized, to prove they are not smuggled goods. The respondent failed to discharge this burden. The seized cash was linked to the sale proceeds of smuggled gold, given the lack of any legitimate source documentation. - The High court restored the adjudicating authority’s order, which included the confiscation of the gold, silver, and cash, and imposed penalties on the respondent.
Seizure of gold of foreign origin, silver granules and Indian currency notes - The High Court overturned the CESTAT's decision, emphasizing that: The statements made by the respondent under Section 108 of the Customs Act were considered voluntary and credible, despite the subsequent retraction. The respondent's claim that the gold was obtained from melted old jewellery was unsupported by any documentary evidence. The burden of proof under Section 123 of the Customs Act lies with the person from whom the goods were seized, to prove they are not smuggled goods. The respondent failed to discharge this burden. The seized cash was linked to the sale proceeds of smuggled gold, given the lack of any legitimate source documentation. - The High court restored the adjudicating authority’s order, which included the confiscation of the gold, silver, and cash, and imposed penalties on the respondent.
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