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...
A custodian under customs law is liable for pilferage only if imported goods are shown to have been lost or substituted while in its custody. Where sealed containers move on a said-to-contain basis and the examination reports show intact seals, or no tampering, a mere mismatch between the import manifest and the goods found does not prove pilferage or substitution during custody. On the facts, the tribunal found no evidence that the containers were tampered with while with the custodian, so the duty demand raised on custodian liability and the related penalties were unsustainable and were set aside.
A custodian under customs law is liable for pilferage only if imported goods are shown to have been lost or substituted while in its custody. Where sealed containers move on a said-to-contain basis and the examination reports show intact seals, or no tampering, a mere mismatch between the import manifest and the goods found does not prove pilferage or substitution during custody. On the facts, the tribunal found no evidence that the containers were tampered with while with the custodian, so the duty demand raised on custodian liability and the related penalties were unsustainable and were set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
