Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
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...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
CESTAT set aside penalties imposed under s.114(iii) and s.114AA of the Customs Act against the F-card holder of a Custom House Agent. The Tribunal found that allegations of improper export through overvaluation were based solely on the appellant's retracted statement without corroborative evidence. The appellant, as authorized CHA, had prepared shipping bills based on documents provided by exporters, maintained proper KYC documentation, and had no definitive knowledge of goods valuation. The Tribunal determined that the department failed to establish the appellant's culpability, as his confession was retracted and statements from other parties failed to meet the evidentiary standards under s.138B of the Customs Act. Appeal allowed.
CESTAT set aside penalties imposed under s.114(iii) and s.114AA of the Customs Act against the F-card holder of a Custom House Agent. The Tribunal found that allegations of improper export through overvaluation were based solely on the appellant's retracted statement without corroborative evidence. The appellant, as authorized CHA, had prepared shipping bills based on documents provided by exporters, maintained proper KYC documentation, and had no definitive knowledge of goods valuation. The Tribunal determined that the department failed to establish the appellant's culpability, as his confession was retracted and statements from other parties failed to meet the evidentiary standards under s.138B of the Customs Act. Appeal allowed.
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