Assessing Officer jurisdiction after statutory transfer invalidates reassessment notices issued by transferor officers and nullifies resulting proceed...
Consequential appeal-effect orders must implement rectification deleting working-capital adjustments and reconsider the resulting arm's-length range c...
Discounted cash flow valuation protects share premium where projections are reasonable, while audited book expenses defeat unexplained-expenditure add...
Section 54 construction relief survives pre-transfer commencement when completion occurs within the statutory period, excluding ineligible spouse-owne...
Fraud classification show-cause notices founded on inconclusive forensic audit material cannot sustain action, permitting fresh proceedings on conclus...
Page of 4888
Press 'Enter' after typing page number.
381 to 400 of 97750 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4888 
