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...
Customs valuation challenges the use of an English-recorded statement as voluntary where the deponent did not understand the language, rendering that statement unreliable; electronic invoices recovered from the proprietor's laptop were inadmissible after retraction and lacked contemporaneity with imports; local resale invoices could not be disregarded without testing their probative value; re-determination of transaction value requires particulars, notice and consideration of commercial factors (quantity, model/grade, contractual terms, discounts, relationship); absent identification of identical goods or adequate particulars, valuation adjustments, differential duty, confiscation and penalties were unsustainable.
Customs valuation challenges the use of an English-recorded statement as voluntary where the deponent did not understand the language, rendering that statement unreliable; electronic invoices recovered from the proprietor's laptop were inadmissible after retraction and lacked contemporaneity with imports; local resale invoices could not be disregarded without testing their probative value; re-determination of transaction value requires particulars, notice and consideration of commercial factors (quantity, model/grade, contractual terms, discounts, relationship); absent identification of identical goods or adequate particulars, valuation adjustments, differential duty, confiscation and penalties were unsustainable.
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