Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
CESTAT allowed the appeals and set aside penalties imposed on the appellant courier for alleged mis-declaration and undervaluation in courier imports, holding that penalties under s.112 and s.114AA cannot be imposed absent evidence of knowledge, intention or abetment. The Tribunal treated the statement under s.108 as corroborative that document manipulation was by the importer or foreign consignor, not the courier, and emphasised that filing courier bills based on importer-provided documents and the normal practice of couriers to rely on booking customers do not constitute culpable conduct. As the Department failed to discharge the burden of proving the requisite mens rea or abetment, confiscation-linked penalties were unsustainable and were quashed.
CESTAT allowed the appeals and set aside penalties imposed on the appellant courier for alleged mis-declaration and undervaluation in courier imports, holding that penalties under s.112 and s.114AA cannot be imposed absent evidence of knowledge, intention or abetment. The Tribunal treated the statement under s.108 as corroborative that document manipulation was by the importer or foreign consignor, not the courier, and emphasised that filing courier bills based on importer-provided documents and the normal practice of couriers to rely on booking customers do not constitute culpable conduct. As the Department failed to discharge the burden of proving the requisite mens rea or abetment, confiscation-linked penalties were unsustainable and were quashed.
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