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...
The importer imported consignments of "Ground Colemanite (B2O3 40%) Natural Boron Ore" and claimed exemption from basic customs duty under relevant notifications. The issue was whether the imported goods fell under Customs Tariff Heading 2528 to qualify for exemption. The Tribunal held that since the test report confirmed the goods as "Boron Ore" and satisfied the notification requirements, they were eligible for duty exemption. There was no condition in the notifications that exemption was available only for ore with impurities. The revenue erred in reading additional conditions into the notifications. The exemption was available for all types of "Boron Ores" from March 1, 2005, not restricted to "Natural Boron Ore." The Tribunal ruled that claiming a particular classification or notification was a matter of belief, not willful mis-statement or suppression of facts. The larger period of limitation u/s 28(4) of the Customs Act could not be invoked merely due to a different departmental view. The Tribunal allowed the appeal, setting aside the demand, confiscation, fines, and penalties.
The importer imported consignments of "Ground Colemanite (B2O3 40%) Natural Boron Ore" and claimed exemption from basic customs duty under relevant notifications. The issue was whether the imported goods fell under Customs Tariff Heading 2528 to qualify for exemption. The Tribunal held that since the test report confirmed the goods as "Boron Ore" and satisfied the notification requirements, they were eligible for duty exemption. There was no condition in the notifications that exemption was available only for ore with impurities. The revenue erred in reading additional conditions into the notifications. The exemption was available for all types of "Boron Ores" from March 1, 2005, not restricted to "Natural Boron Ore." The Tribunal ruled that claiming a particular classification or notification was a matter of belief, not willful mis-statement or suppression of facts. The larger period of limitation u/s 28(4) of the Customs Act could not be invoked merely due to a different departmental view. The Tribunal allowed the appeal, setting aside the demand, confiscation, fines, and penalties.
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