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...
Importation of an old and used car by misdeclaring it as new, resulting in undervaluation. Imposition of composite penalty u/ss 112(a), 112(b), and 114AA of the Customs Act, 1962. Penalty u/s 114AA cannot be imposed as it pertains to fraudulent exports, not imports. Quantum of penalties imposed u/ss 112(a) and 112(b) unknown. Composite penalties imposed on the appellant found unsustainable. Impugned orders imposing penalties under various provisions of the Customs Act, 1962 set aside by the Appellate Tribunal (CESTAT). Appeal allowed.
Importation of an old and used car by misdeclaring it as new, resulting in undervaluation. Imposition of composite penalty u/ss 112(a), 112(b), and 114AA of the Customs Act, 1962. Penalty u/s 114AA cannot be imposed as it pertains to fraudulent exports, not imports. Quantum of penalties imposed u/ss 112(a) and 112(b) unknown. Composite penalties imposed on the appellant found unsustainable. Impugned orders imposing penalties under various provisions of the Customs Act, 1962 set aside by the Appellate Tribunal (CESTAT). Appeal allowed.
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