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...
Retrospective application of an interim stay to imports already covered by a lawful BIS-free regime was held impermissible. The Court noted that the petitioner had entered into concluded commercial transactions during the subsistence of the rescission notification, and that bills of lading for the relevant containers had been issued before the stay order. As these foundational facts were uncontested and the matter was covered by earlier decisions, customs authorities acted arbitrarily in withholding clearance and insisting on BIS certification. The cargo hold was unsustainable, and the writ petition was allowed in terms of the substantive relief sought.
Retrospective application of an interim stay to imports already covered by a lawful BIS-free regime was held impermissible. The Court noted that the petitioner had entered into concluded commercial transactions during the subsistence of the rescission notification, and that bills of lading for the relevant containers had been issued before the stay order. As these foundational facts were uncontested and the matter was covered by earlier decisions, customs authorities acted arbitrarily in withholding clearance and insisting on BIS certification. The cargo hold was unsustainable, and the writ petition was allowed in terms of the substantive relief sought.
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