Infrastructure facility: energy-efficient public lighting held integral to road projects, qualifying the operator as a developer and eligible for dedu...
Fourth Proviso to Section 153A: extended-period inquiry requires a reasonable, material-based satisfaction that escaped income likely exceeds the thre...
Rule 17(2) deemed that packing machines in an unregistered unit operate from the financial year start, but contemporaneous documentary and testimonial evidence of purchase, transport and installation displaced the deeming to 16.05.2011, limiting duty to actual days of operation. Statements of third parties relied on by the department were inadmissible without cross-examination under Section 9D and, together with panchnama discrepancies, lacked probative value to establish clandestine manufacture or earlier clearance. Absent independent corroboration the Tribunal set aside demands and penalties premised on illicit manufacture or collusion and granted consequential relief.
Rule 17(2) deemed that packing machines in an unregistered unit operate from the financial year start, but contemporaneous documentary and testimonial evidence of purchase, transport and installation displaced the deeming to 16.05.2011, limiting duty to actual days of operation. Statements of third parties relied on by the department were inadmissible without cross-examination under Section 9D and, together with panchnama discrepancies, lacked probative value to establish clandestine manufacture or earlier clearance. Absent independent corroboration the Tribunal set aside demands and penalties premised on illicit manufacture or collusion and granted consequential relief.
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