Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
ITAT held that indexed cost of improvement for an old developed residential property could not be rejected merely because old bills and vouchers were unavailable. As the registered sale deed and stamp valuation records showed a substantial superstructure, the cost of construction and improvement had to be recomputed on a reasonable basis using the covered area and applicable PWD rates, with consequential indexation. On section 54, the Tribunal held that the assessee was entitled to deduction on the full eligible investment in the new leasehold residential property because the funds were wholly from the assessee and joint naming of the husband did not limit the claim. Optional club membership charges were excluded from eligible cost.
ITAT held that indexed cost of improvement for an old developed residential property could not be rejected merely because old bills and vouchers were unavailable. As the registered sale deed and stamp valuation records showed a substantial superstructure, the cost of construction and improvement had to be recomputed on a reasonable basis using the covered area and applicable PWD rates, with consequential indexation. On section 54, the Tribunal held that the assessee was entitled to deduction on the full eligible investment in the new leasehold residential property because the funds were wholly from the assessee and joint naming of the husband did not limit the claim. Optional club membership charges were excluded from eligible cost.
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