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 defect in the pre-shipment inspection certificate, caused only by the inspecting agency lacking territorial authorisation for Guyana, did not make the imported metallic scrap prohibited goods. The Tribunal noted that the inspection was in fact carried out by a DGFT-empanelled agency and that a later approved post-shipment inspection confirmed the consignment contained no war material or other objectionable material. On that basis, the import-policy requirement was treated as substantially complied with, the lapse at most justified examination of the goods, and confiscation under Section 111(d), along with redemption fine and penalties, was unsustainable.
A defect in the pre-shipment inspection certificate, caused only by the inspecting agency lacking territorial authorisation for Guyana, did not make the imported metallic scrap prohibited goods. The Tribunal noted that the inspection was in fact carried out by a DGFT-empanelled agency and that a later approved post-shipment inspection confirmed the consignment contained no war material or other objectionable material. On that basis, the import-policy requirement was treated as substantially complied with, the lapse at most justified examination of the goods, and confiscation under Section 111(d), along with redemption fine and penalties, was unsustainable.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4800
Join Channel
TaxTMI 
