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...
Refund of special additional duty was not subject to the one-year limitation inserted by Notification No. 93/2008-Cus. because Section 27 of the Customs Act did not cover such duty paid on import. The article notes that imposing a limitation period from the date of duty payment through an amended exemption notification would affect the substantive refund right without statutory amendment. Following the Larger Bench ruling in Ambey Sales, the High Court found the Tribunal justified in allowing the refund claims and held that no substantial question of law arose. The revenue appeals were dismissed.
Refund of special additional duty was not subject to the one-year limitation inserted by Notification No. 93/2008-Cus. because Section 27 of the Customs Act did not cover such duty paid on import. The article notes that imposing a limitation period from the date of duty payment through an amended exemption notification would affect the substantive refund right without statutory amendment. Following the Larger Bench ruling in Ambey Sales, the High Court found the Tribunal justified in allowing the refund claims and held that no substantial question of law arose. The revenue appeals were dismissed.
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