Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Penalty under Section 271(1)(c) was held inapplicable where an assessee disclosed the Hong Kong branch income and claimed treaty relief on the basis of a plausible legal interpretation. The disallowance resulted from a pure error of law because the India-China DTAA did not extend to Hong Kong at the relevant time, but the Department failed to prove concealment of income or furnishing of inaccurate particulars. The Court held that Dharmendra Textile Processors did not make penalty automatic on every disallowance; the statutory preconditions for penalty must still be satisfied. The penalty deletion was upheld and the Revenue's appeals were dismissed.
Penalty under Section 271(1)(c) was held inapplicable where an assessee disclosed the Hong Kong branch income and claimed treaty relief on the basis of a plausible legal interpretation. The disallowance resulted from a pure error of law because the India-China DTAA did not extend to Hong Kong at the relevant time, but the Department failed to prove concealment of income or furnishing of inaccurate particulars. The Court held that Dharmendra Textile Processors did not make penalty automatic on every disallowance; the statutory preconditions for penalty must still be satisfied. The penalty deletion was upheld and the Revenue's appeals were dismissed.
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