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...
Breach of an import undertaking under Condition No.104 (Serial No.347B) for a helicopter -- demonstrated by predominant private, unpaid use -- supports confiscation and recovery by recourse to the undertaking despite references to section 28. The tribunal upheld confiscation because the exemption condition was substantially violated. Penalties under section 112 were quashed for two officers because the impugned order did not establish their knowledge or mens rea that unpaid private use would violate the exemption; absence of culpable knowledge defeated individual penalty liability and the department's appeal against penalty enhancement was dismissed.
Breach of an import undertaking under Condition No.104 (Serial No.347B) for a helicopter -- demonstrated by predominant private, unpaid use -- supports confiscation and recovery by recourse to the undertaking despite references to section 28. The tribunal upheld confiscation because the exemption condition was substantially violated. Penalties under section 112 were quashed for two officers because the impugned order did not establish their knowledge or mens rea that unpaid private use would violate the exemption; absence of culpable knowledge defeated individual penalty liability and the department's appeal against penalty enhancement was dismissed.
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