Concessional corporate tax option under section 115BAA survives procedural documentary lapses when statutory compliance and earlier exercise are estab...
Penny-stock additions require transaction-specific evidence; general investigation material alone cannot establish undisclosed income or accommodation...
Transfer pricing comparability prioritises reliable external CUPs and foreign-currency LIBOR benchmarks for exports, borrowings and delayed receivable...
Section 153C satisfaction and seized electronic records sustained unexplained-investment addition, subject to proportionate ownership-share verificati...
Extended limitation under section 28(4) of the Customs Act could not be invoked where the bill of entry disclosed the tariff item and described the imported software CD as relatable to the LRSAM system, and the show cause notice relied only on an allegation of misdeclaration. The Tribunal held that invocation of the extended period requires a deliberate misstatement or suppression made with intent to evade duty, and that intent was not established, particularly given the appellant's status as a public sector undertaking engaged in defence supplies. As the demand rested entirely on the extended period, it failed. The consequential penalty under section 114A also failed because its foundation was the same as the extended-period allegation.
Extended limitation under section 28(4) of the Customs Act could not be invoked where the bill of entry disclosed the tariff item and described the imported software CD as relatable to the LRSAM system, and the show cause notice relied only on an allegation of misdeclaration. The Tribunal held that invocation of the extended period requires a deliberate misstatement or suppression made with intent to evade duty, and that intent was not established, particularly given the appellant's status as a public sector undertaking engaged in defence supplies. As the demand rested entirely on the extended period, it failed. The consequential penalty under section 114A also failed because its foundation was the same as the extended-period allegation.
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