Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
Whether rectification under s.154 could sustain levy of tax at 60% under s.115BBE on alleged cash "on-money" from flat sales was examined in light of the appellate deletion of the underlying addition. Since the addition of the impugned sum had already been deleted by a coordinate bench in the quantum proceedings and there was no material showing that such deletion had been reversed or stayed, there was no subsisting income on which the enhanced rate could be applied through rectification. Accordingly, setting aside the s.154 rectification and allowing the taxpayer's appeal was upheld. - ITAT
Whether rectification under s.154 could sustain levy of tax at 60% under s.115BBE on alleged cash "on-money" from flat sales was examined in light of the appellate deletion of the underlying addition. Since the addition of the impugned sum had already been deleted by a coordinate bench in the quantum proceedings and there was no material showing that such deletion had been reversed or stayed, there was no subsisting income on which the enhanced rate could be applied through rectification. Accordingly, setting aside the s.154 rectification and allowing the taxpayer's appeal was upheld. - ITAT
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