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...
Sustainability of supplementary Show Cause Notice, prior to insertion of second proviso to Section 124 of the Customs Act, 1962 w.e.f 29.03.2018 - The High Court observed that prior to the insertion of the second proviso to Section 124 of the Customs Act, the authority to issue supplementary show cause notices was implicit and inbuilt in the act. The second proviso, added in 2018, was declaratory of the existing law, suggesting its retrospective application. - The court concluded that the supplementary show cause notice issued on 18.05.2017, despite being termed "supplementary," should be treated as an independent notice due to the emergence of new facts during the investigation. - The court decided in favor of the appellant (Revenue), setting aside the order of the tribunal and restoring the order of the adjudicating authority.
Sustainability of supplementary Show Cause Notice, prior to insertion of second proviso to Section 124 of the Customs Act, 1962 w.e.f 29.03.2018 - The High Court observed that prior to the insertion of the second proviso to Section 124 of the Customs Act, the authority to issue supplementary show cause notices was implicit and inbuilt in the act. The second proviso, added in 2018, was declaratory of the existing law, suggesting its retrospective application. - The court concluded that the supplementary show cause notice issued on 18.05.2017, despite being termed "supplementary," should be treated as an independent notice due to the emergence of new facts during the investigation. - The court decided in favor of the appellant (Revenue), setting aside the order of the tribunal and restoring the order of the adjudicating authority.
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