Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
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...
A Customs Broker cannot be penalised for an exporter's misdeclaration unless the record shows knowledge, collusion, or a failure of due diligence under the Licensing Regulations. Here, the Tribunal found that the broker had obtained KYC documents, the branch-in-charge stated it had no knowledge of sugar being concealed in bags declared as raw rice, and the incorrect affidavit was only a clerical error. As there was no admissible evidence that the broker failed to advise the client or verify the information, the alleged violations of Regulations 10(d), 10(e) and 10(n) were unsustainable and the penalty was set aside.
A Customs Broker cannot be penalised for an exporter's misdeclaration unless the record shows knowledge, collusion, or a failure of due diligence under the Licensing Regulations. Here, the Tribunal found that the broker had obtained KYC documents, the branch-in-charge stated it had no knowledge of sugar being concealed in bags declared as raw rice, and the incorrect affidavit was only a clerical error. As there was no admissible evidence that the broker failed to advise the client or verify the information, the alleged violations of Regulations 10(d), 10(e) and 10(n) were unsustainable and the penalty was set aside.
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