Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
The court held that the Original Authority and Revisional Authority misconstrued the scheme and objectives of the Baggage Rules. The petitioner, a foreign national, brought a gold chain and kara by wearing them while arriving from Bangkok, which was not in a concealed manner. The case was found to be squarely covered by the judgments in Pushpa Lekhumal Tulani and Vigneswaran Sethuraman vs. Union of India. Import of gold in India is highly regulated, and bulk importation can only be effected by nominated entities as per regulations. However, Rule 3(1)(h) of the Foreign Trade (Exemption from Application of Rules in Certain Cases) Rules, 1993 provides exemption for import of goods as passenger baggage to the extent permissible under the Baggage Rules.
The court held that the Original Authority and Revisional Authority misconstrued the scheme and objectives of the Baggage Rules. The petitioner, a foreign national, brought a gold chain and kara by wearing them while arriving from Bangkok, which was not in a concealed manner. The case was found to be squarely covered by the judgments in Pushpa Lekhumal Tulani and Vigneswaran Sethuraman vs. Union of India. Import of gold in India is highly regulated, and bulk importation can only be effected by nominated entities as per regulations. However, Rule 3(1)(h) of the Foreign Trade (Exemption from Application of Rules in Certain Cases) Rules, 1993 provides exemption for import of goods as passenger baggage to the extent permissible under the Baggage Rules.
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