Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
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A deliberate export fraud was proved where Ketamine was shipped under the guise of Alpha Olefin Sulphonate through fabricated documents, misuse of IEC details and coordinated use of freight forwarders, CHA and a bank account. The Tribunal accepted the foreign seizure report, transmitted through the Indian Consulate, as carrying evidentiary value and relied on corroborated witness statements, the appellant's own inculpatory statement and surrounding circumstances to hold that smuggling can be established by circumstantial evidence where direct proof is scarce. Penalty under Customs law was therefore sustained, but reduced to Rs. 5 lakh. Redemption fine was set aside because the goods had already been exported, were not available for confiscation and had not been cleared on bond.
A deliberate export fraud was proved where Ketamine was shipped under the guise of Alpha Olefin Sulphonate through fabricated documents, misuse of IEC details and coordinated use of freight forwarders, CHA and a bank account. The Tribunal accepted the foreign seizure report, transmitted through the Indian Consulate, as carrying evidentiary value and relied on corroborated witness statements, the appellant's own inculpatory statement and surrounding circumstances to hold that smuggling can be established by circumstantial evidence where direct proof is scarce. Penalty under Customs law was therefore sustained, but reduced to Rs. 5 lakh. Redemption fine was set aside because the goods had already been exported, were not available for confiscation and had not been cleared on bond.
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