Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Article discusses validity of an income tax assessment and penalty under section 271AAD(1)(i), emphasising that assessments rest on a preponderance of probabilities and are sustained if that standard is met. It notes the assessee failed to obtain or request copies of seized materials forming the basis of the assessment and belatedly sought unnamed cross examination, which the author treats as insufficient to vitiate the process. While writ petitions seeking relief lack merit on those grounds, the impugned orders were quashed and the matter remitted with an opportunity for the assessee to apply for relevant documents and file fresh replies.
Article discusses validity of an income tax assessment and penalty under section 271AAD(1)(i), emphasising that assessments rest on a preponderance of probabilities and are sustained if that standard is met. It notes the assessee failed to obtain or request copies of seized materials forming the basis of the assessment and belatedly sought unnamed cross examination, which the author treats as insufficient to vitiate the process. While writ petitions seeking relief lack merit on those grounds, the impugned orders were quashed and the matter remitted with an opportunity for the assessee to apply for relevant documents and file fresh replies.
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