Request-driven road restoration attracts reverse-charge GST, not governmental-function treatment or compensatory-damages status for business recipient...
Road restoration charges for commercial pipeline works are taxable Government services, with reverse charge liability and no public-function exemption...
Model-wise import cap monitoring cannot justify withholding used multifunction machines where all-India tracking is absent and full security is furnis...
Section 108 statements may be relied on in customs penalty adjudication only after the maker is examined, admissibility is determined in the interests of justice, and the affected person receives an opportunity for cross-examination under Section 138B. Non-compliance renders such statements inadmissible and cannot sustain a penalty founded solely on them. Uncertified call-detail records and WhatsApp chats, particularly where no relevant communications are shown, do not reliably establish collusion. Abetment of gold smuggling requires a nexus to the seized goods or prohibited dealings; a customs employee's omission or negligence alone is insufficient. The penalty was set aside.
Section 108 statements may be relied on in customs penalty adjudication only after the maker is examined, admissibility is determined in the interests of justice, and the affected person receives an opportunity for cross-examination under Section 138B. Non-compliance renders such statements inadmissible and cannot sustain a penalty founded solely on them. Uncertified call-detail records and WhatsApp chats, particularly where no relevant communications are shown, do not reliably establish collusion. Abetment of gold smuggling requires a nexus to the seized goods or prohibited dealings; a customs employee's omission or negligence alone is insufficient. The penalty was set aside.
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