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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DGFT regularisation of EPCG imports after payment of duty and interest rendered confiscation of the imported goods and penalty for non-fulfilment of export obligation unsustainable. The Tribunal allowed relief from confiscation and penalty while leaving the unchallenged duty and interest liability intact. Duty foregone on capital goods imported under an EPCG licence must be computed using the assessable value declared in the Bill of Entry, rather than the value stated in the licence.
DGFT regularisation of EPCG imports after payment of duty and interest rendered confiscation of the imported goods and penalty for non-fulfilment of export obligation unsustainable. The Tribunal allowed relief from confiscation and penalty while leaving the unchallenged duty and interest liability intact. Duty foregone on capital goods imported under an EPCG licence must be computed using the assessable value declared in the Bill of Entry, rather than the value stated in the licence.
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