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Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
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Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
The HC ruled that once the petitioner regularized their export obligation under the Amnesty Scheme by paying the entire duty forgone (Rs. 50,23,802/-) plus interest (Rs. 13,35,689/-) under the EPCG Scheme, and obtained an export obligation discharge certificate, no additional penalties could be imposed. The Court reasoned that payment of the full duty amount with interest effectively meant the petitioner had not availed of the EPCG Scheme benefits, thereby discharging the export obligation. Consequently, the fine imposed under Section 112(a) of the Customs Act in lieu of confiscation under Section 111(o) was held unrecoverable, as the same default could not be subject to multiple penalties once regularized through the Amnesty Scheme. Petition allowed.
The HC ruled that once the petitioner regularized their export obligation under the Amnesty Scheme by paying the entire duty forgone (Rs. 50,23,802/-) plus interest (Rs. 13,35,689/-) under the EPCG Scheme, and obtained an export obligation discharge certificate, no additional penalties could be imposed. The Court reasoned that payment of the full duty amount with interest effectively meant the petitioner had not availed of the EPCG Scheme benefits, thereby discharging the export obligation. Consequently, the fine imposed under Section 112(a) of the Customs Act in lieu of confiscation under Section 111(o) was held unrecoverable, as the same default could not be subject to multiple penalties once regularized through the Amnesty Scheme. Petition allowed.
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