Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Mere misclassification of imported goods in the Bill of Entry did not, by itself, amount to misdeclaration under section 111(m) or make the goods liable to confiscation. The Tribunal held that penalty under section 112(a)(ii) is sustainable only where the goods are first liable to confiscation under section 111; in the absence of confiscability, the penalty had no legal basis. Even if the goods were wrongly self-assessed or classified, that did not establish liability to confiscation on the facts considered. The penalty was therefore set aside.
Mere misclassification of imported goods in the Bill of Entry did not, by itself, amount to misdeclaration under section 111(m) or make the goods liable to confiscation. The Tribunal held that penalty under section 112(a)(ii) is sustainable only where the goods are first liable to confiscation under section 111; in the absence of confiscability, the penalty had no legal basis. Even if the goods were wrongly self-assessed or classified, that did not establish liability to confiscation on the facts considered. The penalty was therefore set aside.
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