Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
CESTAT set aside penalties imposed u/ss 112(a)(i) and 114AA of Customs Act in a case involving smuggled cigarettes concealed as ladies garments. The Tribunal found insufficient evidence linking the appellant to smuggling operations. Bank transactions between appellant's company and co-accused's firms were deemed regular business dealings. The primary evidence, a statement by co-accused VA, was ruled inadmissible as appellant was denied cross-examination rights u/s 138B. The Tribunal emphasized that no documentation proved appellant's prior knowledge of concealment or use of false declarations. Following natural justice principles and citing lack of corroborative evidence, CESTAT concluded penalties were legally unsustainable and allowed the appeal.
CESTAT set aside penalties imposed u/ss 112(a)(i) and 114AA of Customs Act in a case involving smuggled cigarettes concealed as ladies garments. The Tribunal found insufficient evidence linking the appellant to smuggling operations. Bank transactions between appellant's company and co-accused's firms were deemed regular business dealings. The primary evidence, a statement by co-accused VA, was ruled inadmissible as appellant was denied cross-examination rights u/s 138B. The Tribunal emphasized that no documentation proved appellant's prior knowledge of concealment or use of false declarations. Following natural justice principles and citing lack of corroborative evidence, CESTAT concluded penalties were legally unsustainable and allowed the appeal.
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