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...
Penal liability under Sections 114(iii) and 114AA requires direct and concrete proof of knowing involvement in the fraudulent export activity; suspicion, assumption, or merely suggestive material is insufficient. The Tribunal found no evidence linking the appellant, who was not the Customs Broker for the exports, to the consignments or to any inflated valuation, and held that provision of contact details or documents to another person did not by itself establish a premeditated role in wrongful IGST refund facilitation. The penalties were set aside.
Penal liability under Sections 114(iii) and 114AA requires direct and concrete proof of knowing involvement in the fraudulent export activity; suspicion, assumption, or merely suggestive material is insufficient. The Tribunal found no evidence linking the appellant, who was not the Customs Broker for the exports, to the consignments or to any inflated valuation, and held that provision of contact details or documents to another person did not by itself establish a premeditated role in wrongful IGST refund facilitation. The penalties were set aside.
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