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...
Revocation of a customs house agent licence and forfeiture of deposited security were set aside because the inquiry officer reached conclusions without examining or verifying relevant records and did not furnish records to the respondent, resulting in breach of natural justice. The department failed to discharge the burden of proof by relying on an inquiry report unsupported by evidential records; prior adverse findings in other matters were held insufficient to sustain liability in the present case. The deficiency in procedural fairness and absence of independent proof in the adjudication led to allowance of the appeal and consequential relief as per law.
Revocation of a customs house agent licence and forfeiture of deposited security were set aside because the inquiry officer reached conclusions without examining or verifying relevant records and did not furnish records to the respondent, resulting in breach of natural justice. The department failed to discharge the burden of proof by relying on an inquiry report unsupported by evidential records; prior adverse findings in other matters were held insufficient to sustain liability in the present case. The deficiency in procedural fairness and absence of independent proof in the adjudication led to allowance of the appeal and consequential relief as per law.
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