Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
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Disallowance of deduction u/s 80IB(10) and the levy of penalty u/s 271(1)(c). The Assessing Officer disallowed the deduction claim on two grounds: most residential units exceeded 1500 square feet, and the assessee was a contractor, not a developer. The Tribunal held that mentioning 1500 sq ft in the sanction plan is not determinative of the actual area constructed, and if the extra area does not breach building bylaws, it is irrelevant for civil authorities. The assessee failed to prove the units were under 1500 sq ft and that it was a developer executing sale deeds for loan purposes. The Tribunal distinguished the cited cases as involving debatable additions, whereas here, the claim was based on incorrect facts of the assessee being a developer and units exceeding 1500 sq ft. Hence, the penalty u/s 271(1)(c) was rightly confirmed.
Disallowance of deduction u/s 80IB(10) and the levy of penalty u/s 271(1)(c). The Assessing Officer disallowed the deduction claim on two grounds: most residential units exceeded 1500 square feet, and the assessee was a contractor, not a developer. The Tribunal held that mentioning 1500 sq ft in the sanction plan is not determinative of the actual area constructed, and if the extra area does not breach building bylaws, it is irrelevant for civil authorities. The assessee failed to prove the units were under 1500 sq ft and that it was a developer executing sale deeds for loan purposes. The Tribunal distinguished the cited cases as involving debatable additions, whereas here, the claim was based on incorrect facts of the assessee being a developer and units exceeding 1500 sq ft. Hence, the penalty u/s 271(1)(c) was rightly confirmed.
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