Permanent establishment tests: independent subsidiary premises and principal-to-principal dealings did not create Indian taxability for offshore suppl...
Valuation Officer estimates govern property-value additions once statutory valuation is invoked, requiring fresh consideration of objections and compa...
Waiver of written show-cause notice may prevent a later procedural challenge after participation in customs adjudication, preserving statutory appella...
Retrospective invalidity of ocean-freight IGST supports refunds despite non-party status and prior credit utilisation, subject to authorised appeal gr...
Additional evidence in departmental appeals may include show-cause-notice material without introducing a new case where it merely corroborates existin...
Reasoned rectification orders require consideration of expenditure disclosed in income-tax returns, preventing revision based on incomplete income com...
Modified returns after business reorganisations cannot trigger fresh scrutiny once the original assessment was complete, invalidating related transfer...
Third-party loose sheets require reliable nexus before supporting unexplained expenditure additions; presumptions do not establish payer identity or o...
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Abetment of attempted export of prohibited goods requires material proving a Customs Broker's knowledge, conscious involvement or collusion. Filing shipping bills, arranging containers and processing exporter-provided documents, without more, do not establish knowing assistance; a due-diligence duty does not remove that evidentiary requirement. Failure to ascertain the meat's procurement source alone was insufficient, so the penalty was set aside. Article 226 jurisdiction was exercised despite an alternative statutory appeal because the abetment finding lacked evidentiary support, and the writ petition was entertained.
Abetment of attempted export of prohibited goods requires material proving a Customs Broker's knowledge, conscious involvement or collusion. Filing shipping bills, arranging containers and processing exporter-provided documents, without more, do not establish knowing assistance; a due-diligence duty does not remove that evidentiary requirement. Failure to ascertain the meat's procurement source alone was insufficient, so the penalty was set aside. Article 226 jurisdiction was exercised despite an alternative statutory appeal because the abetment finding lacked evidentiary support, and the writ petition was entertained.
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