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...
CESTAT reversed revocation of Customs Broker License, finding no violations of CBLR 2018. The tribunal held that the broker fulfilled obligations by verifying documents provided by importers, as law does not require brokers to investigate authenticity of official certificates or physically inspect pre-customs goods. No evidence supported allegations of forged Sri Lankan Certificates of Origin or broker's connivance in misdeclaring goods' origin. The retracted statement of the broker could not be sole basis for penalties without corroborating evidence. The tribunal emphasized that brokers operate based on supplied documents and cannot challenge certificates that even customs authorities must accept through prescribed procedures. Order revoking license, forfeiting security deposit, and imposing penalties was set aside.
CESTAT reversed revocation of Customs Broker License, finding no violations of CBLR 2018. The tribunal held that the broker fulfilled obligations by verifying documents provided by importers, as law does not require brokers to investigate authenticity of official certificates or physically inspect pre-customs goods. No evidence supported allegations of forged Sri Lankan Certificates of Origin or broker's connivance in misdeclaring goods' origin. The retracted statement of the broker could not be sole basis for penalties without corroborating evidence. The tribunal emphasized that brokers operate based on supplied documents and cannot challenge certificates that even customs authorities must accept through prescribed procedures. Order revoking license, forfeiting security deposit, and imposing penalties was set aside.
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