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    August 13, 2026   Case LawsIncome Tax
    TNMM segmental comparability, LIBOR loan pricing and working-capital-adjusted receivables guide transfer-pricing adjustments for associated-enterprise...
    August 13, 2026   Case LawsBenami Property
    Benami consideration source requirements upheld land attachment where alleged lenders lacked proven financial capacity and genuine funding evidence.
    August 13, 2026   Case LawsBenami Property
    Future benefit in benami transactions need not exist at provisional attachment, supporting confirmation where funds trace to beneficial owner.
    August 13, 2026   Case LawsCustoms
    Tariff classification of diagnostic laser imagers follows the residuary accessory heading where equipment serves machines under different headings.
    August 13, 2026   Case LawsCustoms
    Provisional customs clearance requires full duty bond and partial bank guarantee while appellate issues await final determination.
    August 13, 2026   Case LawsCustoms
    Customs Broker authority cannot substitute importer consent, invalidating assessment and penalties where misdeclaration lacks evidentiary support.
    August 13, 2026   Case LawsCustoms
    Penalty for duty-free jewellery shortages fails without proof of intentional diversion, reliable statements, or separate liability for proprietors.
    August 13, 2026   Case LawsCustoms
    Limitation for customs appeals permits exclusion of time before a wrong forum and validates timely electronic filing.
    August 13, 2026   Case LawsCustoms
    Transaction value of imported brass scrap cannot be rejected on visual inspection without contemporaneous identical-import evidence.
    August 13, 2026   Case LawsCustoms
    Fraudulent duty-free diversion defeats advance-licence exemption, enables extended recovery, and supports penalties for firms and active partners.
    August 13, 2026   Case LawsCompanies Law
    Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
    August 13, 2026   Case LawsSEBI
    Insider trading presumption applies when persons possessing UPSI trade, with disgorgement available for losses averted through the contravention.
    August 13, 2026   Case LawsIBC
    Limitation for EPC operational debt runs from each payment default, preventing insolvency proceedings on time-barred claims.
    August 13, 2026   Case LawsIBC
    Pro rata resolution-plan distribution by admitted claims prevails over individual security interests for dissenting secured financial creditors.
    August 13, 2026   Case LawsFEMA
    Prima facie FEMA contravention can support equivalent-value property seizure despite overseas accounts and an income-tax settlement.
    August 13, 2026   Case LawsMoney Laundering
    Money-laundering proceedings can survive compromise quashing, while PMLA bail fails where twin conditions and flight-risk concerns remain unmet.
    August 13, 2026   Case LawsMoney Laundering
    Property of equivalent value remains vulnerable to freezing when direct proceeds of crime are unavailable and sources remain unexplained.
    August 13, 2026   Case LawsService Tax
    Goods Transport Agency classification accepts bills as consignment notes, while unverified Form 26AS demands and extended limitation fail.
    August 13, 2026   Case LawsService Tax
    Copyright exclusion from intellectual property right service prevents pre-2008 taxation of software licence royalties and defeats extended limitation.
    August 13, 2026   Case LawsService Tax
    Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
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    August 13, 2026   Case Laws Income Tax
    TNMM segmental comparability, LIBOR loan pricing and working-capital-adjusted receivables guide transfer-pricing adjustments for associated-enterprise transactions.
    August 13, 2026   Case Laws Benami Property
    Benami consideration source requirements upheld land attachment where alleged lenders lacked proven financial capacity and genuine funding evidence.
    August 13, 2026   Case Laws Benami Property
    Future benefit in benami transactions need not exist at provisional attachment, supporting confirmation where funds trace to beneficial owner.
    August 13, 2026   Case Laws Customs
    Tariff classification of diagnostic laser imagers follows the residuary accessory heading where equipment serves machines under different headings.
    August 13, 2026   Case Laws Customs
    Provisional customs clearance requires full duty bond and partial bank guarantee while appellate issues await final determination.
    August 13, 2026   Case Laws Customs
    Customs Broker authority cannot substitute importer consent, invalidating assessment and penalties where misdeclaration lacks evidentiary support.
    August 13, 2026   Case Laws Customs
    Penalty for duty-free jewellery shortages fails without proof of intentional diversion, reliable statements, or separate liability for proprietors.
    August 13, 2026   Case Laws Customs
    Limitation for customs appeals permits exclusion of time before a wrong forum and validates timely electronic filing.
    August 13, 2026   Case Laws Customs
    Transaction value of imported brass scrap cannot be rejected on visual inspection without contemporaneous identical-import evidence.
    August 13, 2026   Case Laws Customs
    Fraudulent duty-free diversion defeats advance-licence exemption, enables extended recovery, and supports penalties for firms and active partners.
    August 13, 2026   Case Laws Companies Law
    Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed invoices.
    August 13, 2026   Case Laws SEBI
    Insider trading presumption applies when persons possessing UPSI trade, with disgorgement available for losses averted through the contravention.
    August 13, 2026   Case Laws IBC
    Limitation for EPC operational debt runs from each payment default, preventing insolvency proceedings on time-barred claims.
    August 13, 2026   Case Laws IBC
    Pro rata resolution-plan distribution by admitted claims prevails over individual security interests for dissenting secured financial creditors.
    August 13, 2026   Case Laws FEMA
    Prima facie FEMA contravention can support equivalent-value property seizure despite overseas accounts and an income-tax settlement.
    August 13, 2026   Case Laws Money Laundering
    Money-laundering proceedings can survive compromise quashing, while PMLA bail fails where twin conditions and flight-risk concerns remain unmet.
    August 13, 2026   Case Laws Money Laundering
    Property of equivalent value remains vulnerable to freezing when direct proceeds of crime are unavailable and sources remain unexplained.
    August 13, 2026   Case Laws Service Tax
    Goods Transport Agency classification accepts bills as consignment notes, while unverified Form 26AS demands and extended limitation fail.
    August 13, 2026   Case Laws Service Tax
    Copyright exclusion from intellectual property right service prevents pre-2008 taxation of software licence royalties and defeats extended limitation.
    August 13, 2026   Case Laws Service Tax
    Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within normal limitation.

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      Home› Highlights › Income Tax › 2024 › October, 2024 › This
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      Income Tax

      Penalty u/s 271(1)(c) was imposed in violation of principles of...

      Unfair Tax Penalty Imposed: Lack of Reasonable Opportunity Violates Natural Justice.

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      Income TaxOctober 29, 2024Case LawsHC
      Penalty u/s 271(1)(c) was imposed in violation of principles of natural justice by not granting reasonable opportunity to the petitioner. The ITAT passed orders on 09.01.2024 and 10.01.2024, but the respondent remained inactive for nearly five months. At the eleventh hour, on 19.07.2024, the respondent issued notice quantifying the penalty amount and calling upon the petitioner to pay, without providing adequate time for submitting contentions and documents despite requests. The respondent proceeded to pass orders on 30.07.2024 rejecting submissions and on 31.07.2024 imposing penalty u/s 271(1)(c), in violation of principles of natural justice. The High Court set aside the impugned orders on this ground.
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