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 allowed the appeal, finding the Assessing Officer's re-assessment of imported goods' value unlawful. The tribunal held that neither Customs Act nor Valuation Rules permit "loading of value" by the Assessing Officer. The re-assessment was conducted without legal authority, and a critical procedural violation occurred by not issuing a mandatory speaking order, which constituted a breach of principles of natural justice. The Commissioner's (Appeals) order upholding the re-assessment was consequently set aside, with the original Bill of Entry assessment reinstated.
CESTAT allowed the appeal, finding the Assessing Officer's re-assessment of imported goods' value unlawful. The tribunal held that neither Customs Act nor Valuation Rules permit "loading of value" by the Assessing Officer. The re-assessment was conducted without legal authority, and a critical procedural violation occurred by not issuing a mandatory speaking order, which constituted a breach of principles of natural justice. The Commissioner's (Appeals) order upholding the re-assessment was consequently set aside, with the original Bill of Entry assessment reinstated.
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