Online bond platforms may offer overseas-regulated products and tax-specific bonds subject to disclosures, compliance safeguards and revised complianc...
Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
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Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Reliance on inquiry statements without compliance with the cross-examination safeguard under Section 138B, coupled with weak corroboration, was held insufficient to sustain penalty for alleged smuggling facilitation. The Tribunal found that the statements used against the appellants were untested, the Angadiya letters were not proved as reliable records, and the Department failed to connect the alleged acts with passport data, duty rosters, call records, or proper identification. On the standard of preponderance of probability, conscious involvement or facilitation of goods liable to confiscation was not established, so the penalties under Section 112(b) against both appellants were set aside.
Reliance on inquiry statements without compliance with the cross-examination safeguard under Section 138B, coupled with weak corroboration, was held insufficient to sustain penalty for alleged smuggling facilitation. The Tribunal found that the statements used against the appellants were untested, the Angadiya letters were not proved as reliable records, and the Department failed to connect the alleged acts with passport data, duty rosters, call records, or proper identification. On the standard of preponderance of probability, conscious involvement or facilitation of goods liable to confiscation was not established, so the penalties under Section 112(b) against both appellants were set aside.
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