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...
The Appellate Tribunal held that the demand of interest under Sections 18(3) and 28AB of the Customs Act, 1962, for the period prior to 13.07.2006 is unsustainable as the show-cause notice did not propose such interest, violating principles of natural justice. Post 13.07.2006, no interest liability arises where the differential duty was paid before finalization of provisional assessment, and the final assessment showed nil duty payable. Consequently, no interest is payable on the differential duty paid prior to assessment finalization. Since the interest demand fails, the associated penalty cannot be imposed. The impugned order confirming interest and penalty was set aside, and the appeal was allowed.
The Appellate Tribunal held that the demand of interest under Sections 18(3) and 28AB of the Customs Act, 1962, for the period prior to 13.07.2006 is unsustainable as the show-cause notice did not propose such interest, violating principles of natural justice. Post 13.07.2006, no interest liability arises where the differential duty was paid before finalization of provisional assessment, and the final assessment showed nil duty payable. Consequently, no interest is payable on the differential duty paid prior to assessment finalization. Since the interest demand fails, the associated penalty cannot be imposed. The impugned order confirming interest and penalty was set aside, and the appeal was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
