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Section 112(b)(ii) of Customs Act – Mens rea important for imposing penalty

May 3, 2023 3090 Views 0 comment Print

mens rea is an important ingredient for imposing penalty on the persons enumerated in Section 112(b) of the Customs Act, 1962.

Good cannot be treated as smuggled Merely for foreign origin of goods

May 3, 2023 813 Views 0 comment Print

Mere fact that foreign origin of goods does not ipso facto lead to inevitable conclusion that the same are of smuggled character

CHA Licence cannot be revoked if No Explicit Findings that CHA Abetted in Contravening Customs Act Provisions

May 3, 2023 1029 Views 0 comment Print

Tribunal has come to a conclusion that no explicit findings have been given by the other Adjudicating Authority to the effect that the present Appellant has abetted in contravening any provisions of Customs Act.

Section 263 cannot be Invoked if AO Adopted One of Two Plausible Views

May 3, 2023 1320 Views 0 comment Print

ITAT held that when two views are legally possible and Assessing Officer adopts one view the Assessment Order cannot be said to be erroneous for CIT to invoke jurisdiction u/s. 263

SEBI introduces LEI for non-convertible securities, securitised debt instruments & security receipts

May 3, 2023 1422 Views 0 comment Print

LEI is a unique global identifier for legal entities participating in financial transactions. LEI is designed to create a global reference data system that uniquely identifies every legal entity, in any jurisdiction, that is party to a financial transaction.

Goods seized for Undervaluation – CESTAT relaxes conditions for release

May 3, 2023 801 Views 0 comment Print

The charge of under valuation cannot be established without challenging the assessment made by the assessing group as per the procedure prescribed. It is not the case where the goods where being cleared on the basis of the declared value but were being cleared on the basis of the assessed value on the payment of assessed duty.

SC allows appellant to travel abroad based on his previous record

May 2, 2023 7173 Views 0 comment Print

Having regard to the genesis of the dispute as well as the issue as to whether the appellant is likely to flee from justice if he were to be permitted to travel to the US, we find, on the basis of the previous record of the appellant, that there is no reason or justification to deny him the permission which has been sought to travel to the US for eight weeks.

Pendency of departmental proceedings cannot be a ground to prevent appellant from travelling abroad

May 2, 2023 1047 Views 0 comment Print

Satish Chandra Verma Vs Union of India (Supreme Court of India) In the instant case, the appellant who is a member of the All India Services has paid leave to his credit and has applied to go to U.S.A. and France to visit members of his family who are residing there. On an earlier occasion […]

Reassessment beyond four years is invalid if no failure to disclosure by Assessee during original assessment

April 28, 2023 1635 Views 0 comment Print

S. Ramamirtham Vs ITO (ITAT Chennai) It is an admitted fact that the original assessment has been completed u/s. 143(3) of the Act on 20.03.2014. It is also an admitted fact that notice u/s. 148 of the Act dated 13.09.2017 is beyond four years from the end of the relevant assessment year. Thus, proviso to […]

C Forms benefit cannot be denied on the ground of subsequent cancellation

April 28, 2023 1794 Views 0 comment Print

Cancellation of C Forms at a subsequent date would have a disruptive effect on the stream of commercial transactions, which is impermissible.

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