Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
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...
Revocation of a customs broker's license and imposition of penalty under the Customs Brokers Licensing Regulations, 2018. The key points are: The finding that the customs broker failed to obtain authorization from each client was held as not proved. The requirement of being in contact with a specific person was confused with obtaining authorization from the client company. The charge of failing to advise the client to comply with statutory provisions was incorrectly invoked, as there was no evidence that the broker did not advise the client properly. The charge of furnishing incorrect information to the client was also not proved. The allegation of attempting to influence the examination report by customs officers was not substantiated, as there was no evidence of threats, inducements, or favors offered by the broker. The charge of failing to verify the correctness of particulars was erroneously upheld based on flimsy presumptions. Consequently, the revocation of the license, forfeiture of the security deposit, and imposition of penalty were set aside by the appellate tribunal (CESTAT) due to lack of evidence and erroneous findings.
Revocation of a customs broker's license and imposition of penalty under the Customs Brokers Licensing Regulations, 2018. The key points are: The finding that the customs broker failed to obtain authorization from each client was held as not proved. The requirement of being in contact with a specific person was confused with obtaining authorization from the client company. The charge of failing to advise the client to comply with statutory provisions was incorrectly invoked, as there was no evidence that the broker did not advise the client properly. The charge of furnishing incorrect information to the client was also not proved. The allegation of attempting to influence the examination report by customs officers was not substantiated, as there was no evidence of threats, inducements, or favors offered by the broker. The charge of failing to verify the correctness of particulars was erroneously upheld based on flimsy presumptions. Consequently, the revocation of the license, forfeiture of the security deposit, and imposition of penalty were set aside by the appellate tribunal (CESTAT) due to lack of evidence and erroneous findings.
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