Under-reporting on a first reassessment return attracts penalty, while enhanced misreporting penalty requires proof of a statutory misreporting catego...
Form 26AS evidence requires successor-entity accounting verification after business transfer, while invoice-supported related-party advertising expend...
Money-laundering judgment timing requires awaiting the scheduled-offence decision despite continuation of the underlying trial where outcomes directly...
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CESTAT upheld the customs authority's rejection of the appellant's application for a Private Warehouse Licence under Section 58 of the Customs Act, 1962, interpreting Regulation 3(2)(c) of the PWLR to render ineligible any person on whom penalty under Section 114A has been imposed. The Tribunal held that the appellant's construction would make Regulation 3(2)(b) or 3(2)(c) redundant, contrary to settled principles of statutory interpretation requiring harmonious construction and effect to every provision. Accepting the Commissioner's reasoning that conviction-based disqualification falls under Regulation 3(2)(b) and penalty-based disqualification under 3(2)(c), CESTAT dismissed the appeal.
CESTAT upheld the customs authority's rejection of the appellant's application for a Private Warehouse Licence under Section 58 of the Customs Act, 1962, interpreting Regulation 3(2)(c) of the PWLR to render ineligible any person on whom penalty under Section 114A has been imposed. The Tribunal held that the appellant's construction would make Regulation 3(2)(b) or 3(2)(c) redundant, contrary to settled principles of statutory interpretation requiring harmonious construction and effect to every provision. Accepting the Commissioner's reasoning that conviction-based disqualification falls under Regulation 3(2)(b) and penalty-based disqualification under 3(2)(c), CESTAT dismissed the appeal.
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