Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
The HC allowed the petition and quashed the impugned orders, directing refund of the amount deposited by the petitioner. The court held that interception and seizure of electronic goods on account of a mismatch between the vehicle number in transport documents and the actual conveyance, coupled with non-updation of the e-way bill by the transporter, did not establish mens rea or tax evasion by the petitioner. Physical verification revealed concordant tax-invoice entries and serial numbers with the seized items, and the petitioner had notified the change of vehicle in its reply. In absence of discrepancy in goods or serial numbers, proceedings under section 129(3) could not be sustained against the petitioner.
The HC allowed the petition and quashed the impugned orders, directing refund of the amount deposited by the petitioner. The court held that interception and seizure of electronic goods on account of a mismatch between the vehicle number in transport documents and the actual conveyance, coupled with non-updation of the e-way bill by the transporter, did not establish mens rea or tax evasion by the petitioner. Physical verification revealed concordant tax-invoice entries and serial numbers with the seized items, and the petitioner had notified the change of vehicle in its reply. In absence of discrepancy in goods or serial numbers, proceedings under section 129(3) could not be sustained against the petitioner.
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