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...
The appellant had initially exported Indian tea to Netherlands, which was rejected and recalled to India. Upon re-importation, no DEPB claim was advanced. The goods were then imported against a Bill of Entry dated 17.03.2005 for re-export, claiming the benefit of Notification No.158/95. After processing, the goods were re-exported within the prescribed period under the said Notification, with proper declarations in the shipping bills. The allegation of non-compliance with procedures in identifying goods at the time of export or producing relevant reprocessing certificates was found unsustainable. The appellant was entitled to the benefit of Notification No.94/96-Cus. The Supreme Court's decision in Share Medical Care Vs. UOI established that an applicant is not barred from claiming the benefit of a notification at a later stage. Consequently, the impugned order demanding duty on the re-exported goods was set aside, and the appeal was allowed with consequential relief.
The appellant had initially exported Indian tea to Netherlands, which was rejected and recalled to India. Upon re-importation, no DEPB claim was advanced. The goods were then imported against a Bill of Entry dated 17.03.2005 for re-export, claiming the benefit of Notification No.158/95. After processing, the goods were re-exported within the prescribed period under the said Notification, with proper declarations in the shipping bills. The allegation of non-compliance with procedures in identifying goods at the time of export or producing relevant reprocessing certificates was found unsustainable. The appellant was entitled to the benefit of Notification No.94/96-Cus. The Supreme Court's decision in Share Medical Care Vs. UOI established that an applicant is not barred from claiming the benefit of a notification at a later stage. Consequently, the impugned order demanding duty on the re-exported goods was set aside, and the appeal was allowed with consequential relief.
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