Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Regulation 10(a): the broker's authorization requirement was satisfied where an authorization letter from the importer's agent authorized clearance; reliance on a statement under s.108 was impermissible without following s.138B, so no breach found - authorization upheld. Regulation 10(d): alleged failure to notify customs about lithium-battery markings rested solely on an unreliable s.108 statement absent s.138B compliance, so the charge fails. Regulation 10(e): alleged lack of due diligence based on the same inadmissible s.108 statement, hence no established contravention. Regulation 10(n): KYC/IEC/GSTIN verification requirement was met by production of documents; no allegation or finding of forgery, so no violation. Impugned order set aside - CESTAT
Regulation 10(a): the broker's authorization requirement was satisfied where an authorization letter from the importer's agent authorized clearance; reliance on a statement under s.108 was impermissible without following s.138B, so no breach found - authorization upheld. Regulation 10(d): alleged failure to notify customs about lithium-battery markings rested solely on an unreliable s.108 statement absent s.138B compliance, so the charge fails. Regulation 10(e): alleged lack of due diligence based on the same inadmissible s.108 statement, hence no established contravention. Regulation 10(n): KYC/IEC/GSTIN verification requirement was met by production of documents; no allegation or finding of forgery, so no violation. Impugned order set aside - CESTAT
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