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 allowed the appeal challenging revocation of customs broker license and forfeiture of security deposit under CBLR. The Tribunal held that disciplinary proceedings require proper evidence and departmental burden of proof was not discharged. Evidence consisted primarily of uncorroborated statements which failed prudent man test when refuted by appellant. Original authority reached conclusions without adequate proof, and in penal matters benefit of doubt must favor appellant. Facts were neither proved nor disproved under erstwhile Indian Evidence Act provisions. CESTAT emphasized its limited appellate role in disciplinary proceedings, intervening only where findings lack evidence, are illogical, procedurally improper, or shocking to conscience. Impugned order set aside.
CESTAT allowed the appeal challenging revocation of customs broker license and forfeiture of security deposit under CBLR. The Tribunal held that disciplinary proceedings require proper evidence and departmental burden of proof was not discharged. Evidence consisted primarily of uncorroborated statements which failed prudent man test when refuted by appellant. Original authority reached conclusions without adequate proof, and in penal matters benefit of doubt must favor appellant. Facts were neither proved nor disproved under erstwhile Indian Evidence Act provisions. CESTAT emphasized its limited appellate role in disciplinary proceedings, intervening only where findings lack evidence, are illogical, procedurally improper, or shocking to conscience. Impugned order set aside.
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TaxTMI 
TaxTMI 
of 4918 
