Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguard...
A classification dispute in self-assessment does not, by itself, establish wilful misstatement or suppression of facts with intent to evade duty. The Tribunal held that where the importer disclosed the relevant particulars in the Bills of Entry and the dispute was only over tariff classification, the extended limitation period under section 28(4) was not available; reliance on statements recorded under section 108 was impermissible without compliance with section 138B. On the same footing, the penalty under section 114A could not survive. The Tribunal also held that wrong classification alone does not amount to misdeclaration for confiscation under section 111(m), so the confiscation order was set aside.
A classification dispute in self-assessment does not, by itself, establish wilful misstatement or suppression of facts with intent to evade duty. The Tribunal held that where the importer disclosed the relevant particulars in the Bills of Entry and the dispute was only over tariff classification, the extended limitation period under section 28(4) was not available; reliance on statements recorded under section 108 was impermissible without compliance with section 138B. On the same footing, the penalty under section 114A could not survive. The Tribunal also held that wrong classification alone does not amount to misdeclaration for confiscation under section 111(m), so the confiscation order was set aside.
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