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...
Misclassification and Wrongful Claim of MEIS Benefits - Exports of quilts containing cotton/polyester - Levy of penalties - The CESTAT found the appellant guilty of willful misdeclaration and misclassification to avail higher MEIS benefits, violating the provisions of the Customs Act, 1962, and Foreign Trade (Development & Regulation) Act, 1992. - The Tribunal upheld the principle of self-assessment and confirmed that M/s FA's actions constituted a deliberate contravention of customs laws, making them liable for penalties. - While penalties were justified for the firm due to the deliberate misclassification, the penalties against the individual managers were revoked, acknowledging their passive role in following the firm's instructions without evidence of personal gain or active connivance.
Misclassification and Wrongful Claim of MEIS Benefits - Exports of quilts containing cotton/polyester - Levy of penalties - The CESTAT found the appellant guilty of willful misdeclaration and misclassification to avail higher MEIS benefits, violating the provisions of the Customs Act, 1962, and Foreign Trade (Development & Regulation) Act, 1992. - The Tribunal upheld the principle of self-assessment and confirmed that M/s FA's actions constituted a deliberate contravention of customs laws, making them liable for penalties. - While penalties were justified for the firm due to the deliberate misclassification, the penalties against the individual managers were revoked, acknowledging their passive role in following the firm's instructions without evidence of personal gain or active connivance.
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