Functional, asset and risk analysis excludes diversified technology companies from captive software development comparables under cost-plus arrangemen...
Mobile-phone electronic evidence failed to establish customs undervaluation, while duty survived on non-authentic origin certificates without importer...
Automotive radio classification treats integrated infotainment features as supplementary, placing complete and qualifying unassembled units under the ...
Separate corporate personality prevents directors from being personally liable for company deposits without a guarantee or independent legal undertaki...
Cross-segment derivatives manipulation: integrated order patterns can support interim restraints, while director liability requires responsibility, co...
Section 129 transit penalties may operate on a strict-liability basis, but still require proof of a statutory breach attracting the penalty. Where invoices, e-way bills and bilty documents matched the goods, the buyer was identifiable, and historical records supported use of its former address, a repeated consignee-address entry was treated as a bona fide documentary error. In the absence of evidence of a fictitious purchaser, diversion, clandestine unloading, value suppression, or tax evasion, the discrepancy did not establish a substantive transit violation. The transit penalty and consequential recovery were annulled, while tax lawfully payable on the supply remained unaffected.
Section 129 transit penalties may operate on a strict-liability basis, but still require proof of a statutory breach attracting the penalty. Where invoices, e-way bills and bilty documents matched the goods, the buyer was identifiable, and historical records supported use of its former address, a repeated consignee-address entry was treated as a bona fide documentary error. In the absence of evidence of a fictitious purchaser, diversion, clandestine unloading, value suppression, or tax evasion, the discrepancy did not establish a substantive transit violation. The transit penalty and consequential recovery were annulled, while tax lawfully payable on the supply remained unaffected.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4907 
