Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
CESTAT allowed the appeals, set aside the impugned order and quashed penalties and confiscation measures. The Tribunal held penalties under s.114(iii) and s.114AA could not be sustained against certain partners and firms because there was no evidence of their knowledge, collusion or acts rendering goods liable to confiscation under s.113; the culpable acts were attributed to the tug's master and a supervisor who procured port clearance and effected supplies without filing manifests or shipping bills. The owner of the tug was absolved of liability and the confiscation and redemption fine under s.115(2) were held unsustainable. The Commissioner's order dated August 2015 was set aside and the appeals allowed.
CESTAT allowed the appeals, set aside the impugned order and quashed penalties and confiscation measures. The Tribunal held penalties under s.114(iii) and s.114AA could not be sustained against certain partners and firms because there was no evidence of their knowledge, collusion or acts rendering goods liable to confiscation under s.113; the culpable acts were attributed to the tug's master and a supervisor who procured port clearance and effected supplies without filing manifests or shipping bills. The owner of the tug was absolved of liability and the confiscation and redemption fine under s.115(2) were held unsustainable. The Commissioner's order dated August 2015 was set aside and the appeals allowed.
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