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...
CESTAT NEW DELHI held that the appellant mis-declared quantity and quality, overvalued goods, and failed to comply with Advance Authorization requirements. Allegations of concealment and suppression of facts were proven, as the appellant utilized a lapsed authorization for importing goods. Procedural irregularities in sample drawl and examination were noted, with discrepancies in fabric composition. The appellant failed to discharge export obligations and suffered financial losses due to non-cooperation. The appellant's attempt to export goods as a third party exporter was fraudulent. The order of confiscation and penalties imposed were upheld, as the appellant failed to refute findings and evidence presented by the department. Both appeals were dismissed.
CESTAT NEW DELHI held that the appellant mis-declared quantity and quality, overvalued goods, and failed to comply with Advance Authorization requirements. Allegations of concealment and suppression of facts were proven, as the appellant utilized a lapsed authorization for importing goods. Procedural irregularities in sample drawl and examination were noted, with discrepancies in fabric composition. The appellant failed to discharge export obligations and suffered financial losses due to non-cooperation. The appellant's attempt to export goods as a third party exporter was fraudulent. The order of confiscation and penalties imposed were upheld, as the appellant failed to refute findings and evidence presented by the department. Both appeals were dismissed.
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