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...
The CESTAT allowed the appeals filed by the anonymized Customs Broker firm and its G-card holder, setting aside penalties imposed under Ss. 112(a)(i) and 114AA of the Customs Act, 1962. The Tribunal held that the Revenue failed to establish any collusion or knowledge on their part regarding the mis-declaration and concealment of tyres, which were detected only upon 100% examination. It was found that the appellants had duly complied with KYC requirements, having verified all relevant importer documents, and no evidence showed intentional false statements or submission of incorrect documents. The Tribunal further held that any alleged breach of CBLR, 2018 must be addressed in separate licensing proceedings, and in the absence of a proved Customs offence, no penalty under the Act was legally sustainable.
The CESTAT allowed the appeals filed by the anonymized Customs Broker firm and its G-card holder, setting aside penalties imposed under Ss. 112(a)(i) and 114AA of the Customs Act, 1962. The Tribunal held that the Revenue failed to establish any collusion or knowledge on their part regarding the mis-declaration and concealment of tyres, which were detected only upon 100% examination. It was found that the appellants had duly complied with KYC requirements, having verified all relevant importer documents, and no evidence showed intentional false statements or submission of incorrect documents. The Tribunal further held that any alleged breach of CBLR, 2018 must be addressed in separate licensing proceedings, and in the absence of a proved Customs offence, no penalty under the Act was legally sustainable.
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