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...
Exotic birds and mammals not being notified goods under Section 123 of the Customs Act, the burden remained on the Revenue to prove their smuggled character. The Tribunal found that the supplier's statement and the domestic supply chain explained possession, while no independent corroborative evidence showed illegal importation; mere suspicion or alleged foreign origin was insufficient. On that basis, confiscation of the seized birds and mammals was set aside, the penalty failed with the smuggling case, and the vehicle could not be confiscated once the main allegation collapsed. Release of the goods and vehicle was upheld.
Exotic birds and mammals not being notified goods under Section 123 of the Customs Act, the burden remained on the Revenue to prove their smuggled character. The Tribunal found that the supplier's statement and the domestic supply chain explained possession, while no independent corroborative evidence showed illegal importation; mere suspicion or alleged foreign origin was insufficient. On that basis, confiscation of the seized birds and mammals was set aside, the penalty failed with the smuggling case, and the vehicle could not be confiscated once the main allegation collapsed. Release of the goods and vehicle was upheld.
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