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...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Issue concerns smuggling allegations of gold, applicability of statutory specified area designation, and the burden of proof on revenue to establish foreign origin. The tribunal found absence of foreign markings, recovery outside customs or specified areas, and documentary records of lawful possession including tax returns and auditor certificate, which were not impugned by the revenue; on that evidentiary basis the revenue failed to produce positive evidence of foreign origin. The analysis addressed provisional release, seizure and confiscation of conveyance and accessories, and comparative purity as factual indicators of origin.
Issue concerns smuggling allegations of gold, applicability of statutory specified area designation, and the burden of proof on revenue to establish foreign origin. The tribunal found absence of foreign markings, recovery outside customs or specified areas, and documentary records of lawful possession including tax returns and auditor certificate, which were not impugned by the revenue; on that evidentiary basis the revenue failed to produce positive evidence of foreign origin. The analysis addressed provisional release, seizure and confiscation of conveyance and accessories, and comparative purity as factual indicators of origin.
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