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...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Classification of imported viewing/smart cards was disputed; CESTAT held classification is a matter of opinion and Videocon's self-assessment under CTI 8523 52 90 was correct, setting aside re classification to CTI 8529 90 90. The Tribunal found no valid basis to invoke extended limitation under section 28(4) and therefore quashed the demand. Statements recorded under section 108 were inadmissible because they were not admitted following section 138B procedure, and consequential confiscation and all penalties (including section 114AA and redemption fine requests) were set aside.
Classification of imported viewing/smart cards was disputed; CESTAT held classification is a matter of opinion and Videocon's self-assessment under CTI 8523 52 90 was correct, setting aside re classification to CTI 8529 90 90. The Tribunal found no valid basis to invoke extended limitation under section 28(4) and therefore quashed the demand. Statements recorded under section 108 were inadmissible because they were not admitted following section 138B procedure, and consequential confiscation and all penalties (including section 114AA and redemption fine requests) were set aside.
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