Capital Asset Conversion Requires Proven Business Stock Treatment; Paper Consideration in Spousal Flat Transfers Does Not Create Taxable Business Inco...
Human-probability test defeats political donation deduction where banking records mask accommodation-entry fund layering and evidence shows non-genuin...
Commercial property status protects capital-gains exemption when residential-house ownership limits are tested, while agricultural-land character gove...
Investigation deposits refunded after failed customs demands fall outside the statutory appellate pre-deposit interest regime and may attract compensa...
Resolution plan finality extinguishes unquantified operational-creditor claims and pending proceedings unless the approved plan expressly preserves th...
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CESTAT adjudicated a customs seizure case involving gold bars transported between cities. The tribunal found the seizure invalid due to lack of substantive evidence. Key determinations included: (1) the primary statement constituted hearsay testimony, (2) no corroborative documentation established smuggling, and (3) the revenue authority failed to demonstrate reasonable belief under Section 110 of the Customs Act. The tribunal rejected revenue's arguments regarding tax invoice dates and procedural objections. Consequently, the tribunal sustained the Commissioner (Appeals) order, dismissing the revenue's appeal and nullifying the original confiscation and penalty orders against the individual.
CESTAT adjudicated a customs seizure case involving gold bars transported between cities. The tribunal found the seizure invalid due to lack of substantive evidence. Key determinations included: (1) the primary statement constituted hearsay testimony, (2) no corroborative documentation established smuggling, and (3) the revenue authority failed to demonstrate reasonable belief under Section 110 of the Customs Act. The tribunal rejected revenue's arguments regarding tax invoice dates and procedural objections. Consequently, the tribunal sustained the Commissioner (Appeals) order, dismissing the revenue's appeal and nullifying the original confiscation and penalty orders against the individual.
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