Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
A partner and partnership firm were considered for separate penalties arising from the same import contravention. The Tribunal held that, in the absence of any statutory indication treating the firm as distinct from its partners for this penalty, the penalty on the firm covered the partners' contravention as well; the separate penalty on the partner under Section 112(a) was therefore set aside. For use of false or incorrect declaration documents under Section 114AA, the partner's unwithdrawn statement admitting participation in arranging the import in the firm's name was treated as sufficient evidence, so penalty was upheld in principle, but reduced as excessive and disproportionate.
A partner and partnership firm were considered for separate penalties arising from the same import contravention. The Tribunal held that, in the absence of any statutory indication treating the firm as distinct from its partners for this penalty, the penalty on the firm covered the partners' contravention as well; the separate penalty on the partner under Section 112(a) was therefore set aside. For use of false or incorrect declaration documents under Section 114AA, the partner's unwithdrawn statement admitting participation in arranging the import in the firm's name was treated as sufficient evidence, so penalty was upheld in principle, but reduced as excessive and disproportionate.
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