Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
The CESTAT allowed the appeal against confiscation of gold, holding that the seizure by customs officials lacked reasonable belief of the goods being smuggled as mandated u/s 123 of the Customs Act, 1962. The appellant successfully discharged the burden of proof by producing documents regarding procurement of the gold. Confiscation u/s 111(d) was held unsustainable as the gold was importable subject to conditions. The absence of reasonable belief vitiated the entire proceedings, rendering the show cause notice and consequent adjudication bad in law.
The CESTAT allowed the appeal against confiscation of gold, holding that the seizure by customs officials lacked reasonable belief of the goods being smuggled as mandated u/s 123 of the Customs Act, 1962. The appellant successfully discharged the burden of proof by producing documents regarding procurement of the gold. Confiscation u/s 111(d) was held unsustainable as the gold was importable subject to conditions. The absence of reasonable belief vitiated the entire proceedings, rendering the show cause notice and consequent adjudication bad in law.
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