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, set aside the impugned order dated 09.01.2020 and quashed the demand and penalties. The Tribunal held that the second proviso to the relevant Notification had been omitted during the period in issue, removing any statutory obligation on the bank or the appellant to execute the condition purportedly breached; consequently recovery of customs duty was without authority of law. Statements recorded under s.108 were inadmissible because the s.138B procedure was not complied with. In view of these findings the demand under the Notification, penalty under s.112 and penalty against a partner under s.114AA were all set aside.
CESTAT allowed the appeal, set aside the impugned order dated 09.01.2020 and quashed the demand and penalties. The Tribunal held that the second proviso to the relevant Notification had been omitted during the period in issue, removing any statutory obligation on the bank or the appellant to execute the condition purportedly breached; consequently recovery of customs duty was without authority of law. Statements recorded under s.108 were inadmissible because the s.138B procedure was not complied with. In view of these findings the demand under the Notification, penalty under s.112 and penalty against a partner under s.114AA were all set aside.
Note: It is a system-generated summary and is for quick reference only.