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...
The High Court held that the adjudication order, as modified by the appellate order, remained binding on departmental officers and could not be disregarded in the absence of any stay from the Tribunal. As the duty, redemption fine and penalties had already been deposited, the Revenue's interest stood secured and there was no legal basis to continue detention of the confiscated goods. The Court therefore directed release of the goods for re-export upon confirmation that the deposited amount had been credited to the Government treasury.
The High Court held that the adjudication order, as modified by the appellate order, remained binding on departmental officers and could not be disregarded in the absence of any stay from the Tribunal. As the duty, redemption fine and penalties had already been deposited, the Revenue's interest stood secured and there was no legal basis to continue detention of the confiscated goods. The Court therefore directed release of the goods for re-export upon confirmation that the deposited amount had been credited to the Government treasury.
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