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...
The CESTAT upheld the confiscation of 14200 kg of battery scrap of foreign origin which was smuggled through unauthorized routes from Nepal. The appellant was found to be the mastermind and penalized Rs.25,000/-, which was not considered excessive given that battery scrap falls under hazardous goods category. The appellant's claim of procuring the scrap locally could not be substantiated as used batteries cannot be freely traded per the Batteries (Management and Handling) Rules, 2001. The retraction of statements by co-noticees during adjudication was not given merit. The penalty on the appellant's accomplice, responsible for arranging invoices, was reduced to Rs.17,500/-. The appeal was partly allowed.
The CESTAT upheld the confiscation of 14200 kg of battery scrap of foreign origin which was smuggled through unauthorized routes from Nepal. The appellant was found to be the mastermind and penalized Rs.25,000/-, which was not considered excessive given that battery scrap falls under hazardous goods category. The appellant's claim of procuring the scrap locally could not be substantiated as used batteries cannot be freely traded per the Batteries (Management and Handling) Rules, 2001. The retraction of statements by co-noticees during adjudication was not given merit. The penalty on the appellant's accomplice, responsible for arranging invoices, was reduced to Rs.17,500/-. The appeal was partly allowed.
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