Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Export proceeds unrealised by a company were treated as Rs. 1.8 crore after allowing adjustments for returned goods and advance remittance, but the Tribunal held that repeated calls, letters, faxes and visits did not amount to reasonable steps for realisation and repatriation because no effort was shown to involve the Indian Mission, Consulate or trade bodies; the company's contravention was therefore sustained. The challenge on delay and laches failed because adjudication could not be measured only from the last export date where enquiry with the authorised dealer bank and RBI, and recovery efforts, were still continuing. Penalties on the legal heir of a later managing director and on two other directors were set aside for lack of involvement, while liability of the promoter-managing director was upheld with reduced penalty.
Export proceeds unrealised by a company were treated as Rs. 1.8 crore after allowing adjustments for returned goods and advance remittance, but the Tribunal held that repeated calls, letters, faxes and visits did not amount to reasonable steps for realisation and repatriation because no effort was shown to involve the Indian Mission, Consulate or trade bodies; the company's contravention was therefore sustained. The challenge on delay and laches failed because adjudication could not be measured only from the last export date where enquiry with the authorised dealer bank and RBI, and recovery efforts, were still continuing. Penalties on the legal heir of a later managing director and on two other directors were set aside for lack of involvement, while liability of the promoter-managing director was upheld with reduced penalty.
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