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...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Recovery proceedings under Section 28 of the Customs Act were held unsustainable where the adjudicating authority confirmed a demand higher than the amount proposed in the initiating notice, because the notice defines the scope of jurisdiction and cannot be expanded without amendment. The Tribunal also treated a unilateral demand letter as no valid show cause notice, since Section 28 requires a notice calling upon the noticee to answer the proposed demand before any recovery is fastened. In addition, adjudication after nearly twenty-three years was held to cause fatal prejudice and offend the right to a fair hearing within a reasonable time, so the impugned order was set aside.
Recovery proceedings under Section 28 of the Customs Act were held unsustainable where the adjudicating authority confirmed a demand higher than the amount proposed in the initiating notice, because the notice defines the scope of jurisdiction and cannot be expanded without amendment. The Tribunal also treated a unilateral demand letter as no valid show cause notice, since Section 28 requires a notice calling upon the noticee to answer the proposed demand before any recovery is fastened. In addition, adjudication after nearly twenty-three years was held to cause fatal prejudice and offend the right to a fair hearing within a reasonable time, so the impugned order was set aside.
Note: It is a system-generated summary and is for quick reference only.