International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
The HC held that penalty for detention of goods in transit was unsustainable where the record showed movement under a tax invoice, e-way bill and consignee note, and the petitioner was treated as the consignee-owner. In the absence of any allegation or material of fraud in the accompanying documents, the authorities could not ignore the transport documents or proceed against the petitioner as another person. Subsequent cancellation of registration, having occurred after the invoice and loading of goods, did not justify the penalty. The impugned orders were set aside and the matter remitted for fresh consideration after hearing the petitioner.
The HC held that penalty for detention of goods in transit was unsustainable where the record showed movement under a tax invoice, e-way bill and consignee note, and the petitioner was treated as the consignee-owner. In the absence of any allegation or material of fraud in the accompanying documents, the authorities could not ignore the transport documents or proceed against the petitioner as another person. Subsequent cancellation of registration, having occurred after the invoice and loading of goods, did not justify the penalty. The impugned orders were set aside and the matter remitted for fresh consideration after hearing the petitioner.
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