Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Constitutional validity of Sections 104, 105, and 108 of the Customs Act, 1962, concerning the legality of search and seizure operations conducted by the respondents. It examines whether the alleged acts or omissions constitute prohibited goods or evasion of duty exceeding fifty lakh rupees, rendering Section 155 of the Criminal Procedure Code (Cr.P.C.) inapplicable. The court held that while gold is not absolutely prohibited, failure to comply with conditions amounts to prohibited goods u/ss 2(33) and 11 of the Act. The petitioners' alleged acts prima facie constitute prohibited goods, and the offence being cognizable with punishment up to 7 years, Section 155 of Cr.P.C. is inapplicable. Consequently, the court dismissed the stay applications, prima facie finding no grounds to grant a stay at this stage, subject to deciding the constitutional validity of the provisions in the main writ petitions.
Constitutional validity of Sections 104, 105, and 108 of the Customs Act, 1962, concerning the legality of search and seizure operations conducted by the respondents. It examines whether the alleged acts or omissions constitute prohibited goods or evasion of duty exceeding fifty lakh rupees, rendering Section 155 of the Criminal Procedure Code (Cr.P.C.) inapplicable. The court held that while gold is not absolutely prohibited, failure to comply with conditions amounts to prohibited goods u/ss 2(33) and 11 of the Act. The petitioners' alleged acts prima facie constitute prohibited goods, and the offence being cognizable with punishment up to 7 years, Section 155 of Cr.P.C. is inapplicable. Consequently, the court dismissed the stay applications, prima facie finding no grounds to grant a stay at this stage, subject to deciding the constitutional validity of the provisions in the main writ petitions.
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