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...
The case before CESTAT Chennai involved the recovery of short-paid excise duty, interest, and penalty, focusing on the admissibility of electronic evidence obtained during previous proceedings for a different company. The key issues included compliance with Section 36B of the Central Excise Act, 1944, quantification of demand based on cash to invoice value, and alleged suppression of facts. The tribunal found that the electronic evidence did not comply with Section 36B, rendering it inadmissible. Additionally, the method of quantifying duty based on dealer prices from different regions was deemed inappropriate. Ultimately, the demand for duty, interest, and penalties was not sustained, and the appeal was allowed.
The case before CESTAT Chennai involved the recovery of short-paid excise duty, interest, and penalty, focusing on the admissibility of electronic evidence obtained during previous proceedings for a different company. The key issues included compliance with Section 36B of the Central Excise Act, 1944, quantification of demand based on cash to invoice value, and alleged suppression of facts. The tribunal found that the electronic evidence did not comply with Section 36B, rendering it inadmissible. Additionally, the method of quantifying duty based on dealer prices from different regions was deemed inappropriate. Ultimately, the demand for duty, interest, and penalties was not sustained, and the appeal was allowed.
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