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...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Penalties for facilitating alleged fraudulent exports were held unsustainable where the Revenue failed to produce cogent, independent or corroborative evidence of the customs broker's conscious involvement in overvaluation or wrongful IGST refund claims. The Tribunal held that mere suspicion, conjecture, presumptions, or the fact that documents passed through intermediaries could not justify penal action. It followed its earlier decision on substantially similar facts and found no material distinction or contrary precedent, so the penalties under Sections 114(iii) and 114AA were set aside.
Penalties for facilitating alleged fraudulent exports were held unsustainable where the Revenue failed to produce cogent, independent or corroborative evidence of the customs broker's conscious involvement in overvaluation or wrongful IGST refund claims. The Tribunal held that mere suspicion, conjecture, presumptions, or the fact that documents passed through intermediaries could not justify penal action. It followed its earlier decision on substantially similar facts and found no material distinction or contrary precedent, so the penalties under Sections 114(iii) and 114AA were set aside.
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