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External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
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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...
Customs Officers seized gold bars believing they were liable for confiscation under reasonable belief of smuggling. However, the gold was covered under proper documents, so there was no reasonable belief of smuggling on seizure date. Section 123 presumption was not invokable as reasonableness must be judged by circumstances at seizure time. Department failed to conclusively prove gold was smuggled, foreign origin, and re-melted with false markings. When Section 123 is not invokable and appellants disclosed legitimate purchase source, Department must prove smuggling and liability. Mere presumptions are insufficient. Confiscation and penalty on appellants not legally tenable. Commissioner (Appeals) order upholding absolute confiscation set aside by Appellate Tribunal. Appeal allowed.
Customs Officers seized gold bars believing they were liable for confiscation under reasonable belief of smuggling. However, the gold was covered under proper documents, so there was no reasonable belief of smuggling on seizure date. Section 123 presumption was not invokable as reasonableness must be judged by circumstances at seizure time. Department failed to conclusively prove gold was smuggled, foreign origin, and re-melted with false markings. When Section 123 is not invokable and appellants disclosed legitimate purchase source, Department must prove smuggling and liability. Mere presumptions are insufficient. Confiscation and penalty on appellants not legally tenable. Commissioner (Appeals) order upholding absolute confiscation set aside by Appellate Tribunal. Appeal allowed.
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