Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
CESTAT set aside penalties on the freight forwarder and its authorised representative after finding that the case rested on presumption rather than evidentiary linkage. It held that, on the reading of Circular No. 41/2017-Cus, mere movement of export goods to the ICD without RFID e-seal, where self-sealing permission was absent, did not by itself establish an offence when de-stuffing and 100% examination had been carried out. The order also failed to show what undue export benefit was sought or how the appellants were connected to the alleged dummy or fake documents. With penalties on the alleged document-generating co-noticees already set aside, no basis survived for penalties under sections 114 and 114AA.
CESTAT set aside penalties on the freight forwarder and its authorised representative after finding that the case rested on presumption rather than evidentiary linkage. It held that, on the reading of Circular No. 41/2017-Cus, mere movement of export goods to the ICD without RFID e-seal, where self-sealing permission was absent, did not by itself establish an offence when de-stuffing and 100% examination had been carried out. The order also failed to show what undue export benefit was sought or how the appellants were connected to the alleged dummy or fake documents. With penalties on the alleged document-generating co-noticees already set aside, no basis survived for penalties under sections 114 and 114AA.
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