Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Issuance of Export Obligation Discharge Certificates and discharge of customs bonds defeated the demand for alleged non-fulfilment of export obligation, because the licensing authority had certified compliance and the bond liability had already been released. The diversion allegation also failed since the department's own contemporaneous record showed receipt of the goods by the EOU, making the contrary customs case unsustainable. Transporter statements could not be relied on without examination and cross-examination, and their use violated natural justice. The extended period of limitation was unavailable because suppression or wilful misstatement was not shown. As the substantive allegations failed, confiscation, redemption fine and section 135 action were also held unwarranted.
Issuance of Export Obligation Discharge Certificates and discharge of customs bonds defeated the demand for alleged non-fulfilment of export obligation, because the licensing authority had certified compliance and the bond liability had already been released. The diversion allegation also failed since the department's own contemporaneous record showed receipt of the goods by the EOU, making the contrary customs case unsustainable. Transporter statements could not be relied on without examination and cross-examination, and their use violated natural justice. The extended period of limitation was unavailable because suppression or wilful misstatement was not shown. As the substantive allegations failed, confiscation, redemption fine and section 135 action were also held unwarranted.
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