Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Gold is a notified item, so the person in possession must prove lawful acquisition and possession; where no bills, vouchers or contemporaneous records are produced, the statutory presumption under Section 123 remains unrebutted and absolute confiscation is justified. For Indian currency to be treated as sale proceeds of smuggled goods under Section 121, the Revenue must show a clear nexus and reasonable belief based on cogent evidence; mere suspicion or uncorroborated statements are insufficient, so the currency confiscation was unsustainable. On penalty, the Tribunal deleted the sanction against the accompanying person for lack of recovery or ative link, while sustaining but reducing the penalty on the person directly connected with the foreign-origin gold.
Gold is a notified item, so the person in possession must prove lawful acquisition and possession; where no bills, vouchers or contemporaneous records are produced, the statutory presumption under Section 123 remains unrebutted and absolute confiscation is justified. For Indian currency to be treated as sale proceeds of smuggled goods under Section 121, the Revenue must show a clear nexus and reasonable belief based on cogent evidence; mere suspicion or uncorroborated statements are insufficient, so the currency confiscation was unsustainable. On penalty, the Tribunal deleted the sanction against the accompanying person for lack of recovery or ative link, while sustaining but reducing the penalty on the person directly connected with the foreign-origin gold.
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