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...
Claim of duty drawback, refund of IGST and state levies - Valuation of export goods - The Tribunal's decision underscores the importance of adhering to the legal provisions and procedures for valuation of export goods, particularly emphasizing the primary basis of transaction value for valuation, and the necessity for Customs authorities to quickly undertake necessary actions like tests or inquiries to minimize detention of goods. The decision also reflects the principle that penal liability for overvaluation cannot be fastened on exporters in the absence of substantial evidence or proper application of valuation rules. - AT
Claim of duty drawback, refund of IGST and state levies - Valuation of export goods - The Tribunal's decision underscores the importance of adhering to the legal provisions and procedures for valuation of export goods, particularly emphasizing the primary basis of transaction value for valuation, and the necessity for Customs authorities to quickly undertake necessary actions like tests or inquiries to minimize detention of goods. The decision also reflects the principle that penal liability for overvaluation cannot be fastened on exporters in the absence of substantial evidence or proper application of valuation rules. - AT
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