Tariff classification determines GST schedule and rate; beverages in Schedule III attract the higher rate, tea extracts and syrups in Schedule I attra...
Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Statements recorded under Section 108 were admissible, but undervaluation of export goods could not be proved without reliable independent corroboration. The Department relied on statements, e-mails and a purported overseas contract, yet the exporters were not party to that contract, were denied cross-examination of key persons, and received payment at the declared FOB value through banking channels. Electronic printouts and e-mails were also rejected for non-compliance with Section 138C and for lack of proof of source and authenticity. The Tribunal therefore held that receipt of any additional consideration was not established and set aside the differential duty demand and penalties.
Statements recorded under Section 108 were admissible, but undervaluation of export goods could not be proved without reliable independent corroboration. The Department relied on statements, e-mails and a purported overseas contract, yet the exporters were not party to that contract, were denied cross-examination of key persons, and received payment at the declared FOB value through banking channels. Electronic printouts and e-mails were also rejected for non-compliance with Section 138C and for lack of proof of source and authenticity. The Tribunal therefore held that receipt of any additional consideration was not established and set aside the differential duty demand and penalties.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
