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...
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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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