Infrastructure facility: energy-efficient public lighting held integral to road projects, qualifying the operator as a developer and eligible for dedu...
Fourth Proviso to Section 153A: extended-period inquiry requires a reasonable, material-based satisfaction that escaped income likely exceeds the thre...
Penalty under section 112(b) was unsustainable because the essential element of knowledge that the goods were liable to confiscation was not proved. The appellant had purchased the branded watches locally from the importer, was not involved in the import declaration process, and stated that the price revision followed the importer's price list. In the absence of documentary evidence showing awareness of the retail sale price declared at import or the duty position, the Tribunal held that mens rea could not be presumed. The penalty was set aside and the appeal was allowed.
Penalty under section 112(b) was unsustainable because the essential element of knowledge that the goods were liable to confiscation was not proved. The appellant had purchased the branded watches locally from the importer, was not involved in the import declaration process, and stated that the price revision followed the importer's price list. In the absence of documentary evidence showing awareness of the retail sale price declared at import or the duty position, the Tribunal held that mens rea could not be presumed. The penalty was set aside and the appeal was allowed.
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