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...
Drawback recovery from an exporter whose goods were shipped under another entity's IEC requires evidence that the exporter actually received the drawback; ICES ordinarily credits the IEC holder's bank account. Recovery is an execution proceeding, but interest liability arises only upon proof of payment to that exporter. Goods already taken outside India are exported goods, not export goods liable to confiscation under section 113, so consequential section 114 penalties fail. Export through another person's IEC may breach foreign trade law, but section 114AA penalties require evidence of knowing or intentional use of materially false customs declarations or documents. The Tribunal set aside recovery and penalties, allowing the appeals with consequential relief.
Drawback recovery from an exporter whose goods were shipped under another entity's IEC requires evidence that the exporter actually received the drawback; ICES ordinarily credits the IEC holder's bank account. Recovery is an execution proceeding, but interest liability arises only upon proof of payment to that exporter. Goods already taken outside India are exported goods, not export goods liable to confiscation under section 113, so consequential section 114 penalties fail. Export through another person's IEC may breach foreign trade law, but section 114AA penalties require evidence of knowing or intentional use of materially false customs declarations or documents. The Tribunal set aside recovery and penalties, allowing the appeals with consequential relief.
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