Inaccurate-particulars penalties fail where transfer-pricing documentation shows good faith and due diligence, and underlying capital-gains additions ...
Transfer-pricing tolerance for software sub-licensing falls within the services range, eliminating the adjustment and requiring TDS-credit verificatio...
Customs Broker due diligence requires prescribed KYC, not detecting misdeclarations discoverable only through physical examination, defeating licence ...
E-filing system failure permits exclusion of affected time in insolvency appeals, preventing tribunal technology defects from defeating timely filings...
Pre-existing disputes over outcome-based professional fees can bar Section 9 insolvency proceedings where contractual entitlement requires investigati...
Corresponding scheduled offences preserve money-laundering jurisdiction despite repeal of the central corruption provision where conduct remains cover...
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This case involves the issue related to undervaluation and misuse of Country of Origin certificates against Import of Goods. The Tribunal found that the adjudicating authority passed the orders in haste and in gross violation of principles of natural justice. The appellants were not supplied with requested documents, and their statements recorded u/s 108 were relied upon without following the mandatory examination, cross-examination, and re-examination process u/s 138B of the Customs Act, 1962. The Tribunal observed that the adjudicating authority failed to examine a vital aspect concerning the applicability of a minimum import price notification for imports by units in Special Economic Zones (SEZs). The matter was remanded for reconsideration, directing the adjudicating authority to supply all required documents to the appellants, provide them with sufficient opportunity for defense and personal hearing, and pass a reasoned de-novo order.
This case involves the issue related to undervaluation and misuse of Country of Origin certificates against Import of Goods. The Tribunal found that the adjudicating authority passed the orders in haste and in gross violation of principles of natural justice. The appellants were not supplied with requested documents, and their statements recorded u/s 108 were relied upon without following the mandatory examination, cross-examination, and re-examination process u/s 138B of the Customs Act, 1962. The Tribunal observed that the adjudicating authority failed to examine a vital aspect concerning the applicability of a minimum import price notification for imports by units in Special Economic Zones (SEZs). The matter was remanded for reconsideration, directing the adjudicating authority to supply all required documents to the appellants, provide them with sufficient opportunity for defense and personal hearing, and pass a reasoned de-novo order.
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