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 allowed the appeal and set aside the impugned adjudication insofar as confirmation of customs duty (charged as IGST under Section 3(7)/(9) CTA), interest, redemption fine and penalties. The Tribunal held the revenue failed to establish wilful suppression and that the demand was barred by limitation; invocation of extended limitation was unsustainable. DGFT redemption letters and closure of bonds preclude independent Customs demands absent DGFT recall and re-adjudication under FTDR Act; such demands are time-barred. In the absence of a machinery provision under Section 3(12) CTA operative at the relevant time, interest, fines and penalties could not be levied; amendment to create such machinery is prospective. Appeal allowed.
CESTAT allowed the appeal and set aside the impugned adjudication insofar as confirmation of customs duty (charged as IGST under Section 3(7)/(9) CTA), interest, redemption fine and penalties. The Tribunal held the revenue failed to establish wilful suppression and that the demand was barred by limitation; invocation of extended limitation was unsustainable. DGFT redemption letters and closure of bonds preclude independent Customs demands absent DGFT recall and re-adjudication under FTDR Act; such demands are time-barred. In the absence of a machinery provision under Section 3(12) CTA operative at the relevant time, interest, fines and penalties could not be levied; amendment to create such machinery is prospective. Appeal allowed.
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