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...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
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The petitioner brought a consignment of jewelry from Mumbai to Cochin without a valid Form 8FA declaration as required under the Kerala Value Added Tax Rules. The Commercial Tax Authorities assumed the petitioner intended to evade tax by clandestinely selling the consignment within Kerala. However, it was admitted that the entire consignment was taken back to Mumbai via Coimbatore without any sale within Kerala. Although the authorities were initially justified in presuming tax evasion, the subsequent events showed no actual sale or tax evasion occurred within Kerala. Therefore, a lenient view regarding the imposition of penalty on the petitioner is warranted.
The petitioner brought a consignment of jewelry from Mumbai to Cochin without a valid Form 8FA declaration as required under the Kerala Value Added Tax Rules. The Commercial Tax Authorities assumed the petitioner intended to evade tax by clandestinely selling the consignment within Kerala. However, it was admitted that the entire consignment was taken back to Mumbai via Coimbatore without any sale within Kerala. Although the authorities were initially justified in presuming tax evasion, the subsequent events showed no actual sale or tax evasion occurred within Kerala. Therefore, a lenient view regarding the imposition of penalty on the petitioner is warranted.
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