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...
Mismatch in the declared and physically verified weight of imported goods sustained liability for differential duty and misdeclaration consequences, but the redemption fine and penalty were found excessive on the facts. The invoice and packing list matched the declared Bill of Entry, the excess quantity emerged only on post-arrival physical verification, and no specific role in the discrepancy was attributed to the importer. The Tribunal therefore accepted that statutory liability could arise despite the importer's bona fides, yet reduced the redemption fine and penalty in view of the absence of established culpable conduct. The appeal was partly allowed.
Mismatch in the declared and physically verified weight of imported goods sustained liability for differential duty and misdeclaration consequences, but the redemption fine and penalty were found excessive on the facts. The invoice and packing list matched the declared Bill of Entry, the excess quantity emerged only on post-arrival physical verification, and no specific role in the discrepancy was attributed to the importer. The Tribunal therefore accepted that statutory liability could arise despite the importer's bona fides, yet reduced the redemption fine and penalty in view of the absence of established culpable conduct. The appeal was partly allowed.
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