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...
Duty exemption under transferable DFIA licences cannot be denied to an importer merely on alleged licence irregularities where proceedings against the exporter resulted in the demand being dropped and the licences remained uncancelled. The notes state that, absent proof that the importer fraudulently used irregular licences, the customs duty demand is unsustainable on merits. They further state that the extended limitation period for duty recovery cannot be invoked once the allegation of fraudulent use fails. The impugned confirmation of customs duty, interest and the extended-period demand was set aside, with consequential benefits under law.
Duty exemption under transferable DFIA licences cannot be denied to an importer merely on alleged licence irregularities where proceedings against the exporter resulted in the demand being dropped and the licences remained uncancelled. The notes state that, absent proof that the importer fraudulently used irregular licences, the customs duty demand is unsustainable on merits. They further state that the extended limitation period for duty recovery cannot be invoked once the allegation of fraudulent use fails. The impugned confirmation of customs duty, interest and the extended-period demand was set aside, with consequential benefits under law.
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