Capital-gains exemption for charitable trusts extends to qualifying fixed deposits, while unrecoverable TDS write-offs may constitute income applicati...
India-UK treaty characterisation of telecom-service receipts as business profits withstands unilateral domestic-law amendments for Indian tax purposes...
Transfer-pricing reimbursement adjustments require uncontrolled comparables and cannot become expense-genuineness reviews, resulting in deletion of th...
Food import sampling requirements support provisional release where unseized consignments conform to standards and raw areca classification is unestab...
CESTAT analyzed a case involving seizure of 3499.750gm of gold allegedly smuggled from Myanmar. The Tribunal found insufficient evidence to establish smuggling, noting lack of reasonable belief under Section 110 and 123 of Customs Act, 1962. The department failed to provide cogent proof of foreign origin or smuggling. Procedural irregularities, including non-compliance with Section 138B and principles of natural justice, further weakened the case. Consequently, the Tribunal allowed the appeal, ruling that the seized goods were not liable for confiscation and the involved parties were not subject to penalties.
CESTAT analyzed a case involving seizure of 3499.750gm of gold allegedly smuggled from Myanmar. The Tribunal found insufficient evidence to establish smuggling, noting lack of reasonable belief under Section 110 and 123 of Customs Act, 1962. The department failed to provide cogent proof of foreign origin or smuggling. Procedural irregularities, including non-compliance with Section 138B and principles of natural justice, further weakened the case. Consequently, the Tribunal allowed the appeal, ruling that the seized goods were not liable for confiscation and the involved parties were not subject to penalties.
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TaxTMI 
TaxTMI 
of 4894 
