Political contribution deductions require genuine transactions; banking records and party registration alone cannot defeat evidence of accommodation e...
Post-death GST liability permits fresh proceedings against legal representatives, while discontinued-business recovery remains limited to the inherite...
Non-confirmation of FEMA seizure prevents adjudicators from overriding pending appellate findings on recorded reasons and suspected foreign asset hold...
Rejection of declared transaction value and consequent confiscation/penalty for alleged mis-declaration/undervaluation were held unsustainable because the department failed to discharge the burden under Section 14 and the Valuation Rules: no contemporaneous comparable import data was cited, no valid grounds under Rule 4(2) were recorded for doubting the declared value, and no evidence showed extra-remittances beyond invoice value; reliance on domestic raw-material averages was impermissible. Accordingly, enhancement of value and action under Sections 111(m) and 112 were set aside. The adjudication was also vitiated for breach of natural justice due to non-issuance/absence of confrontation with valuation material and failure to adhere to statutory timelines post-seizure, rendering the order invalid; appeal allowed. - CESTAT
Rejection of declared transaction value and consequent confiscation/penalty for alleged mis-declaration/undervaluation were held unsustainable because the department failed to discharge the burden under Section 14 and the Valuation Rules: no contemporaneous comparable import data was cited, no valid grounds under Rule 4(2) were recorded for doubting the declared value, and no evidence showed extra-remittances beyond invoice value; reliance on domestic raw-material averages was impermissible. Accordingly, enhancement of value and action under Sections 111(m) and 112 were set aside. The adjudication was also vitiated for breach of natural justice due to non-issuance/absence of confrontation with valuation material and failure to adhere to statutory timelines post-seizure, rendering the order invalid; appeal allowed. - CESTAT
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TaxTMI 
TaxTMI 
