Business deductions and transfer pricing issues: tribunal treatment of software write-offs, donation receipts, warranty provisions, and related expens...
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Confiscation of smuggled gold bars/biscuits u/ss 111(b), 111(d), and 111(f) of the Customs Act, 1962. The appellants failed to establish the licit procurement of the foreign-marked gold with 99.90% purity, a notified item u/s 123, thereby not discharging their burden of proving ownership. While the gold cannot be released due to unestablished ownership, the Tribunal reduced the penalties imposed on the appellants considering the roles played and the nature of the offense, deeming the initial penalties excessive compared to the gold's value. The penalty reductions were: Appellant 1 from Rs. 6,25,000 to Rs. 3,50,000, Appellant 2 from Rs. 6,50,000 to Rs. 4,00,000, and Appellant 3 from Rs. 5,80,000 to Rs. 2,00,000 u/s 112 of the Customs Act, 1962.
Confiscation of smuggled gold bars/biscuits u/ss 111(b), 111(d), and 111(f) of the Customs Act, 1962. The appellants failed to establish the licit procurement of the foreign-marked gold with 99.90% purity, a notified item u/s 123, thereby not discharging their burden of proving ownership. While the gold cannot be released due to unestablished ownership, the Tribunal reduced the penalties imposed on the appellants considering the roles played and the nature of the offense, deeming the initial penalties excessive compared to the gold's value. The penalty reductions were: Appellant 1 from Rs. 6,25,000 to Rs. 3,50,000, Appellant 2 from Rs. 6,50,000 to Rs. 4,00,000, and Appellant 3 from Rs. 5,80,000 to Rs. 2,00,000 u/s 112 of the Customs Act, 1962.
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