Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
Data transmission equipment classification under CTSH 8517 62 remains distinct from residual classification, with exemption evidence requiring scrutin...
The CESTAT set aside the impugned order imposing a penalty under Section 112 of the Customs Act, 1962 on the appellant (customs clearing agent/employee), holding that there was no evidentiary basis to establish mens rea or active participation in diversion of imported goods subject to an advance licence; the record showed only handling of documents and no admission or statement implicating the appellant in physical delivery to an unauthorised location. For want of proof linking the appellant to the diversion or knowledge thereof, the Tribunal quashed the penalty and allowed the appeal, remitting no further relief.
The CESTAT set aside the impugned order imposing a penalty under Section 112 of the Customs Act, 1962 on the appellant (customs clearing agent/employee), holding that there was no evidentiary basis to establish mens rea or active participation in diversion of imported goods subject to an advance licence; the record showed only handling of documents and no admission or statement implicating the appellant in physical delivery to an unauthorised location. For want of proof linking the appellant to the diversion or knowledge thereof, the Tribunal quashed the penalty and allowed the appeal, remitting no further relief.
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