Interest on delayed release of requisitioned cash includes statutory pre-assessment interest and restitutionary compensation for unlawful post-assessm...
Incomplete inventory records justify rejecting accounts, while profit estimation requires relevant comparable material and interest falls under other ...
Transfer-pricing comparability requires functional alignment; delayed associated-enterprise receivables need separate LIBOR-based benchmarking, while ...
Extended reassessment limitation in search cases requires asset-linked escaped income, invalidating additions based only on unexplained money or expen...
Enhanced tolerance band under section 43CA applies retrospectively, deleting qualifying deemed-sale additions while disputed stamp valuation requires ...
Section 138B safeguards govern the use of statements recorded under customs law in adjudication. Third-party statements cannot be relied upon against a noticee where their makers were not examined in chief, as the statutory conditions for their admission have not been met. Penalty for dealing with goods liable to confiscation also requires independent evidence that the person consciously dealt with the goods and knew, or had reason to believe, that they were liable to confiscation. Mere allegations that a person was an intended recipient of seized gold do not establish the required knowledge; penalties imposed without such proof are unsustainable.
Section 138B safeguards govern the use of statements recorded under customs law in adjudication. Third-party statements cannot be relied upon against a noticee where their makers were not examined in chief, as the statutory conditions for their admission have not been met. Penalty for dealing with goods liable to confiscation also requires independent evidence that the person consciously dealt with the goods and knew, or had reason to believe, that they were liable to confiscation. Mere allegations that a person was an intended recipient of seized gold do not establish the required knowledge; penalties imposed without such proof are unsustainable.
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