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...
Section 127J of the Customs Act was held not to bar FEMA proceedings based on independent evidence gathered in a separate investigation, and FEMA was treated as a self-contained code for contraventions under that enactment. The Tribunal also rejected selective reliance on a director's statement where the export transactions pre-dated his directorship, treating his assertions as hearsay for lack of personal knowledge. On the merits, commission paid by an overseas buyer to an overseas agent was found not to be export proceeds due or accrued to the exporter, so no realization or repatriation obligation arose and the alleged contraventions of the Export Regulations and FEMA were not established. The penalties were set aside.
Section 127J of the Customs Act was held not to bar FEMA proceedings based on independent evidence gathered in a separate investigation, and FEMA was treated as a self-contained code for contraventions under that enactment. The Tribunal also rejected selective reliance on a director's statement where the export transactions pre-dated his directorship, treating his assertions as hearsay for lack of personal knowledge. On the merits, commission paid by an overseas buyer to an overseas agent was found not to be export proceeds due or accrued to the exporter, so no realization or repatriation obligation arose and the alleged contraventions of the Export Regulations and FEMA were not established. The penalties were set aside.
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