Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Failure to satisfy condition (installation/use) of Notification No.92/2004-Cus: tribunal found the installation certificate was false and goods remained uninstalled, establishing non-fulfilment and authorising action under the Customs Act; consequence - confiscation under s.111(o) and liability for penalties upheld. Payment of differential duty before notice: treated as an election to opt out of exemption framework; consequence - duty payment accepted but did not negate liability for misdeclaration. Quantum of monetary sanctions: tribunal exercised mitigating discretion and reduced redemption fine and penalties; consequence - redemption fine reduced from Rs.10,00,000 to Rs.1,00,000 and specified penalties on the importer and chartered engineer substantially reduced. - CESTAT
Failure to satisfy condition (installation/use) of Notification No.92/2004-Cus: tribunal found the installation certificate was false and goods remained uninstalled, establishing non-fulfilment and authorising action under the Customs Act; consequence - confiscation under s.111(o) and liability for penalties upheld. Payment of differential duty before notice: treated as an election to opt out of exemption framework; consequence - duty payment accepted but did not negate liability for misdeclaration. Quantum of monetary sanctions: tribunal exercised mitigating discretion and reduced redemption fine and penalties; consequence - redemption fine reduced from Rs.10,00,000 to Rs.1,00,000 and specified penalties on the importer and chartered engineer substantially reduced. - CESTAT
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