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 Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowed the appeal and set aside the impugned order. The Tribunal held that the Commissioner of Customs (Appeals) lacked jurisdiction to entertain the appeal prematurely before the proper officer finalized the differential duties of customs for each bill of entry u/s 18(2) of the Customs Act, 1962. The premature disposal by the Commissioner was incorrect, and the lack of jurisdiction infected the decision on merits, necessitating the invalidation of the order.
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowed the appeal and set aside the impugned order. The Tribunal held that the Commissioner of Customs (Appeals) lacked jurisdiction to entertain the appeal prematurely before the proper officer finalized the differential duties of customs for each bill of entry u/s 18(2) of the Customs Act, 1962. The premature disposal by the Commissioner was incorrect, and the lack of jurisdiction infected the decision on merits, necessitating the invalidation of the order.
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