Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
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Duty could not be demanded on alleged diversion of duty-free imported marble where a substantial quantity was found in the factory and the balance allegation rested on internet material and section 108 statements that were not proved admissible under section 138B. The Tribunal held that such material was insufficient to establish diversion or duty liability, and set aside the duty demand with interest. Penalty under section 114A also failed because the alleged default was only a post-import non-fulfilment of exemption conditions, not non-levy caused by collusion, wilful misstatement, or suppression. Penalties under section 114AA were likewise unsustainable because no false declaration in the import documents was shown.
Duty could not be demanded on alleged diversion of duty-free imported marble where a substantial quantity was found in the factory and the balance allegation rested on internet material and section 108 statements that were not proved admissible under section 138B. The Tribunal held that such material was insufficient to establish diversion or duty liability, and set aside the duty demand with interest. Penalty under section 114A also failed because the alleged default was only a post-import non-fulfilment of exemption conditions, not non-levy caused by collusion, wilful misstatement, or suppression. Penalties under section 114AA were likewise unsustainable because no false declaration in the import documents was shown.
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