Business support recruitment and training receipts qualify for presumptive business taxation, not professional taxation under technical consultancy ru...
Treaty exemption for foreign permanent-establishment management fees prevailed, while dividend expense disallowance remained limited to an accepted al...
Centralised assessment transfers: participation after requesting centralisation can bar technical jurisdictional challenges, while assessment disputes...
Binding precedent remains operative despite pending challenge, supporting deletion of interest disallowance when debt is converted into preference sha...
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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TaxTMI 
TaxTMI 
of 4913 
