Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
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The Tribunal set aside the order of the licensing authority that revoked and forfeited the security deposit of a Customs Broker. The licensing authority alleged breach of regulations 10(d), 10(e), and 10(f) of the Customs Brokers Licensing Regulations, 2018. However, the Tribunal found that the substantial delay between the offence report in May 2022 and the final determination in January 2024 violated the timelines prescribed in Regulation 17 of the said Regulations. The licensing authority's attempt to justify the delay by citing transfer of officers was rejected, as the authority is responsible for efficient discharge of statutory and administrative roles. The Tribunal held that the mandatory stipulations in Regulation 17 were treated as directory without adhering to the Bombay High Court's decision in Unison Clearing Pvt. Ltd. case, rendering the proceedings invalid at the threshold.
The Tribunal set aside the order of the licensing authority that revoked and forfeited the security deposit of a Customs Broker. The licensing authority alleged breach of regulations 10(d), 10(e), and 10(f) of the Customs Brokers Licensing Regulations, 2018. However, the Tribunal found that the substantial delay between the offence report in May 2022 and the final determination in January 2024 violated the timelines prescribed in Regulation 17 of the said Regulations. The licensing authority's attempt to justify the delay by citing transfer of officers was rejected, as the authority is responsible for efficient discharge of statutory and administrative roles. The Tribunal held that the mandatory stipulations in Regulation 17 were treated as directory without adhering to the Bombay High Court's decision in Unison Clearing Pvt. Ltd. case, rendering the proceedings invalid at the threshold.
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