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...
Immediate suspension of a customs broker licence under the licensing regulations requires appropriateness, an evidential basis linking the broker to the alleged misconduct, and compliance with procedural safeguards including a post-decisional hearing and recorded reasons when continuing suspension; the Tribunal found the impugned continuing suspension legally unsustainable because the order failed to demonstrate necessity, did not record reasons, lacked evidence that the appellants handled the impugned imports, and predated the show-cause notice; the Tribunal set aside the suspension, directed completion of the pending licensing inquiry expeditiously, and permitted the appellants to resume brokering business pending that inquiry.
Immediate suspension of a customs broker licence under the licensing regulations requires appropriateness, an evidential basis linking the broker to the alleged misconduct, and compliance with procedural safeguards including a post-decisional hearing and recorded reasons when continuing suspension; the Tribunal found the impugned continuing suspension legally unsustainable because the order failed to demonstrate necessity, did not record reasons, lacked evidence that the appellants handled the impugned imports, and predated the show-cause notice; the Tribunal set aside the suspension, directed completion of the pending licensing inquiry expeditiously, and permitted the appellants to resume brokering business pending that inquiry.
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