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...
CESTAT modified the customs assessment order involving undervaluation of imported networking equipment. The tribunal found the importer's initial declaration of USD 100 versus actual value of USD 64,496.42 was due to inter-office correspondence error, not intentional duty evasion. While confirming penalty under Section 112(ii), the tribunal set aside penalty under Section 114AA and reduced the redemption fine from Rs. 10,00,000 to Rs. 5,00,000, considering the importer's immediate disclosure and cooperative approach. The appeal was disposed of with partial relief to the appellant, balancing procedural compliance with substantive justice.
CESTAT modified the customs assessment order involving undervaluation of imported networking equipment. The tribunal found the importer's initial declaration of USD 100 versus actual value of USD 64,496.42 was due to inter-office correspondence error, not intentional duty evasion. While confirming penalty under Section 112(ii), the tribunal set aside penalty under Section 114AA and reduced the redemption fine from Rs. 10,00,000 to Rs. 5,00,000, considering the importer's immediate disclosure and cooperative approach. The appeal was disposed of with partial relief to the appellant, balancing procedural compliance with substantive justice.
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