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...
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Rule 26 of the Central Excise Rules, 2002 applies to a body corporate because the term "person" is not confined to natural persons; the Tribunal relied on the General Clauses Act and broader statutory context to reject the argument that a company cannot be penalised. Penalty was also sustainable because the goods were liable to confiscation, and actual confiscation was not required where the appellant knew or had reason to believe that undervaluation and duty short-payment had occurred. On the facts already concluded in the common adjudication order, the Tribunal upheld the penalty and dismissed the appeal.
Rule 26 of the Central Excise Rules, 2002 applies to a body corporate because the term "person" is not confined to natural persons; the Tribunal relied on the General Clauses Act and broader statutory context to reject the argument that a company cannot be penalised. Penalty was also sustainable because the goods were liable to confiscation, and actual confiscation was not required where the appellant knew or had reason to believe that undervaluation and duty short-payment had occurred. On the facts already concluded in the common adjudication order, the Tribunal upheld the penalty and dismissed the appeal.
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