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...
Cross-objections were held maintainable under Section 129A(4) of the Customs Act despite withdrawal of the departmental appeal, because they operate as an independent proceeding once filed. On merits, the imported vehicle was declared used but found brand new, and non-compliance with import policy and motor vehicle requirements justified confiscation under Section 111(d). However, the goods were treated as regulatory-breach goods rather than absolutely prohibited goods, so absolute confiscation was found excessive. The Tribunal therefore allowed redemption on payment of fine, applicable duty and interest, while leaving the reduced penalty undisturbed.
Cross-objections were held maintainable under Section 129A(4) of the Customs Act despite withdrawal of the departmental appeal, because they operate as an independent proceeding once filed. On merits, the imported vehicle was declared used but found brand new, and non-compliance with import policy and motor vehicle requirements justified confiscation under Section 111(d). However, the goods were treated as regulatory-breach goods rather than absolutely prohibited goods, so absolute confiscation was found excessive. The Tribunal therefore allowed redemption on payment of fine, applicable duty and interest, while leaving the reduced penalty undisturbed.
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