Pre-trial bail granted where custodial period, documentary prosecution, and magistrate-triable offence favor release subject to surety and no witness ...
Allowability of Salary Exemptions: Form 16 entries can substantiate HRA and other salary exemptions, and home loan interest is deductible for a self-o...
Capital gains exemption: payment for plot, architect fees and bona fide commencement of construction can satisfy utilisation requirement and secure re...
Invoking the extended five-year limitation under the Customs Act was held unsustainable where the Department had contemporaneous knowledge of the export and re import transactions; consequently, a show cause notice issued beyond the ordinary two year period was time barred. The legal principle applied prioritised the limitation regime over invoking extended limitation for collusion, willful misstatement or suppression absent fresh facts justifying extension. Because the demand, interest and penalties were founded solely on that extended limitation notice, the impugned order confirming duty, interest and penalty was set aside and the appeal allowed with consequential relief.
Invoking the extended five-year limitation under the Customs Act was held unsustainable where the Department had contemporaneous knowledge of the export and re import transactions; consequently, a show cause notice issued beyond the ordinary two year period was time barred. The legal principle applied prioritised the limitation regime over invoking extended limitation for collusion, willful misstatement or suppression absent fresh facts justifying extension. Because the demand, interest and penalties were founded solely on that extended limitation notice, the impugned order confirming duty, interest and penalty was set aside and the appeal allowed with consequential relief.
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