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...
Maintainability of a demand under Section 28 for imported recycled LDPE granules was challenged on procedural grounds: the adjudicating authority cited relied upon documents (RUDs) in the show cause notice but did not furnish them to the importer, undermining procedural fairness and the provisional assessment. The tribunal treated the failure to provide RUDs and inconsistent findings as decisive, set aside the demands, appropriation of deposits, penalties and confiscation, and granted consequential reliefs to the appellants, relying on tribunal precedent to invalidate the assessment measures.
Maintainability of a demand under Section 28 for imported recycled LDPE granules was challenged on procedural grounds: the adjudicating authority cited relied upon documents (RUDs) in the show cause notice but did not furnish them to the importer, undermining procedural fairness and the provisional assessment. The tribunal treated the failure to provide RUDs and inconsistent findings as decisive, set aside the demands, appropriation of deposits, penalties and confiscation, and granted consequential reliefs to the appellants, relying on tribunal precedent to invalidate the assessment measures.
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