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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Section 50 requires a suspect to be informed of the right to be searched before an independent Gazetted Officer or Magistrate; notices offering only an officer linked to the search team are deficient. A public-place interception at an airport, including medically necessary continuation at hospital, may fall under Section 43 rather than Section 42. Under the Customs Act, voluntary medical removal of goods admitted to be secreted inside the body may proceed without a fresh Section 50 notice, and recovered capsules can independently evidence possession. Sampling or certification irregularities do not alone vitiate proceedings or justify bail without demonstrated prejudice or tampering. Despite a prima facie NDPS case and Section 37 restrictions, prolonged detention with insufficient trial progress may warrant conditional bail to protect speedy-trial and presumption-of-innocence rights.
Section 50 requires a suspect to be informed of the right to be searched before an independent Gazetted Officer or Magistrate; notices offering only an officer linked to the search team are deficient. A public-place interception at an airport, including medically necessary continuation at hospital, may fall under Section 43 rather than Section 42. Under the Customs Act, voluntary medical removal of goods admitted to be secreted inside the body may proceed without a fresh Section 50 notice, and recovered capsules can independently evidence possession. Sampling or certification irregularities do not alone vitiate proceedings or justify bail without demonstrated prejudice or tampering. Despite a prima facie NDPS case and Section 37 restrictions, prolonged detention with insufficient trial progress may warrant conditional bail to protect speedy-trial and presumption-of-innocence rights.
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