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...
Electronic records on a seized/reconstructed DVD were held inadmissible because authenticity, genuineness and reliability could not be verified from the original device and no statutory certificate was produced, therefore the DVD-derived printouts could not support penalty under Section 114AA and the penalties were set aside. A co-accused's statement retracted before a court was held unreliable and cannot implicate the appellant absent independent corroboration, so that retracted statement was disregarded. Because the essential statutory ingredients to attract the customs penalty were not established and no nexus was proved, the penalty imposition was unsustainable and overturned in favour of the appellant.
Electronic records on a seized/reconstructed DVD were held inadmissible because authenticity, genuineness and reliability could not be verified from the original device and no statutory certificate was produced, therefore the DVD-derived printouts could not support penalty under Section 114AA and the penalties were set aside. A co-accused's statement retracted before a court was held unreliable and cannot implicate the appellant absent independent corroboration, so that retracted statement was disregarded. Because the essential statutory ingredients to attract the customs penalty were not established and no nexus was proved, the penalty imposition was unsustainable and overturned in favour of the appellant.
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