Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
ITAT ruled that entries discovered in a seized diary from RKY's premises were insufficient to establish liability against the assessee company u/s 153A. The Revenue failed to demonstrate a conclusive link between the diary entries and the assessee company's transactions. The tribunal emphasized that statutory presumption was inapplicable, and the burden of proof remained with Revenue to establish transaction authenticity. The simultaneous addition of these entries to another entity's assessment further undermined Revenue's position. ITAT held in favor of the assessee on dual grounds: lack of jurisdiction u/s 153A absent incriminating evidence, and failure to substantiate that entries exclusively pertained to the assessee company.
ITAT ruled that entries discovered in a seized diary from RKY's premises were insufficient to establish liability against the assessee company u/s 153A. The Revenue failed to demonstrate a conclusive link between the diary entries and the assessee company's transactions. The tribunal emphasized that statutory presumption was inapplicable, and the burden of proof remained with Revenue to establish transaction authenticity. The simultaneous addition of these entries to another entity's assessment further undermined Revenue's position. ITAT held in favor of the assessee on dual grounds: lack of jurisdiction u/s 153A absent incriminating evidence, and failure to substantiate that entries exclusively pertained to the assessee company.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
