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...
Absolute Confiscation - penalty - town seizure - Smuggling - illicit transport of Gold - burden to prove - The CESTAT found the statements recorded from the employees at the time of interception and the third party's statement under Section 108 of the Customs Act to lack credibility and voluntary nature. It noted the failure to cross-examine Mr. BSB made his statement inadmissible. - The Tribunal concluded that the appellant presented cogent evidence of the gold's legitimate source through business records and testimonies, which were supported by the refinery's confirmation of melting and refining the gold. - The Tribunal allowed the appeals, setting aside the impugned orders.
Absolute Confiscation - penalty - town seizure - Smuggling - illicit transport of Gold - burden to prove - The CESTAT found the statements recorded from the employees at the time of interception and the third party's statement under Section 108 of the Customs Act to lack credibility and voluntary nature. It noted the failure to cross-examine Mr. BSB made his statement inadmissible. - The Tribunal concluded that the appellant presented cogent evidence of the gold's legitimate source through business records and testimonies, which were supported by the refinery's confirmation of melting and refining the gold. - The Tribunal allowed the appeals, setting aside the impugned orders.
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