Trademark depreciation and section 14A adjustments: ITAT applies consistency, independent book-profit computation, and no disallowance without exempt ...
Rebuttable search presumptions and corroboration standards shaped deletion of unsubstantiated additions, while rental income and limited profit estima...
The Tribunal held that the proviso excluding appellate jurisdiction for orders relating to goods imported or exported as baggage must be construed strictly. Because the appellant was intercepted before entering the Customs clearance area and the dispute did not arise from baggage declaration, assessment or examination, the matter was not directly and substantially a baggage case. The real controversy concerned seizure and confiscation of foreign currency for alleged FEMA or Customs violations. Currency and baggage were treated as distinct, so seizure of currency did not by itself attract the baggage bar. The preliminary objection was rejected and the appeal was held maintainable for hearing on merits.
The Tribunal held that the proviso excluding appellate jurisdiction for orders relating to goods imported or exported as baggage must be construed strictly. Because the appellant was intercepted before entering the Customs clearance area and the dispute did not arise from baggage declaration, assessment or examination, the matter was not directly and substantially a baggage case. The real controversy concerned seizure and confiscation of foreign currency for alleged FEMA or Customs violations. Currency and baggage were treated as distinct, so seizure of currency did not by itself attract the baggage bar. The preliminary objection was rejected and the appeal was held maintainable for hearing on merits.
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