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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 CESTAT set aside the confiscation of seized gold and penalty imposed on appellants for smuggling, holding that the Department failed to establish reasonable belief under Section 123 of the Customs Act, 1962. The appellants demonstrated a preponderance of probability that the gold was lawfully procured, supported by income evidence and CA certification. The Department's reliance on statements without producing seized gold or allowing cross-examination of punch witnesses violated principles of natural justice. The Tribunal found the appellants' denial of knowledge about the gold's foreign origin credible, as the gold was received in sealed packets and the Department failed to produce material evidence of foreign markings. Consequently, the confiscation and penalties were quashed, and the appeals were allowed.
The CESTAT set aside the confiscation of seized gold and penalty imposed on appellants for smuggling, holding that the Department failed to establish reasonable belief under Section 123 of the Customs Act, 1962. The appellants demonstrated a preponderance of probability that the gold was lawfully procured, supported by income evidence and CA certification. The Department's reliance on statements without producing seized gold or allowing cross-examination of punch witnesses violated principles of natural justice. The Tribunal found the appellants' denial of knowledge about the gold's foreign origin credible, as the gold was received in sealed packets and the Department failed to produce material evidence of foreign markings. Consequently, the confiscation and penalties were quashed, and the appeals were allowed.
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