Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Show-cause notice under Section 124 must be a written, specific notice and a reasonable, personal opportunity of hearing is mandatory before confiscation and penalties can be imposed; waivers must be voluntary, conscious and informed, and pre-printed or non-particularised waivers cannot substitute for the statutory notice. The article distinguishes Section 28 (duty recovery) from Section 124 (confiscation and civil consequences) and concludes that permitting confiscation without compliance with Section 124 breaches natural justice; non-compliance vitiates confiscation and allows reopening by issuing a valid Section 124 notice and fresh adjudication.
Show-cause notice under Section 124 must be a written, specific notice and a reasonable, personal opportunity of hearing is mandatory before confiscation and penalties can be imposed; waivers must be voluntary, conscious and informed, and pre-printed or non-particularised waivers cannot substitute for the statutory notice. The article distinguishes Section 28 (duty recovery) from Section 124 (confiscation and civil consequences) and concludes that permitting confiscation without compliance with Section 124 breaches natural justice; non-compliance vitiates confiscation and allows reopening by issuing a valid Section 124 notice and fresh adjudication.
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