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...
Sale of confiscated gold without notice was held contrary to the applicable departmental circular and the principles of natural justice, because para 3 extended notice protection even where appeal or other legal remedies had not been exhausted. The HC rejected the contention that confiscated goods could be auctioned without notice, and treated the non-issuance of notice as fatal to the sale. Since the gold had already been sold, redemption could not be made illusory: the later refund computation based on tariff value and transfer date was held untenable, and the petitioners were directed to receive the value of the gold on the date of the de novo redemption order, after statutory deductions.
Sale of confiscated gold without notice was held contrary to the applicable departmental circular and the principles of natural justice, because para 3 extended notice protection even where appeal or other legal remedies had not been exhausted. The HC rejected the contention that confiscated goods could be auctioned without notice, and treated the non-issuance of notice as fatal to the sale. Since the gold had already been sold, redemption could not be made illusory: the later refund computation based on tariff value and transfer date was held untenable, and the petitioners were directed to receive the value of the gold on the date of the de novo redemption order, after statutory deductions.
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