Capital Gain Deductibility: proportionate IPO and PMS expenses held allowable against capital gains where netting and nexus to transfer are establishe...
Admissibility of Documentary Evidence: appellate authority may admit self explanatory documents on first production and uphold deletion of unexplained...
Retraction of confession was rejected as belated and unsupported, and the tribunal treated voluntariness and admissibility by relying on an unretracted statement that corroborated the appellant's earlier admissions; independent seizure of cash from the corroborating declarant's residence further supported the finding. The appellant failed to prove lawful import of gold. Consequentially the confiscation of the seized sum to the Central Government was upheld, while the penalty was reduced to 2,01,000 with any verified pre-deposit adjusted against the reduced penalty; the appeal was partly allowed on that basis.
Retraction of confession was rejected as belated and unsupported, and the tribunal treated voluntariness and admissibility by relying on an unretracted statement that corroborated the appellant's earlier admissions; independent seizure of cash from the corroborating declarant's residence further supported the finding. The appellant failed to prove lawful import of gold. Consequentially the confiscation of the seized sum to the Central Government was upheld, while the penalty was reduced to 2,01,000 with any verified pre-deposit adjusted against the reduced penalty; the appeal was partly allowed on that basis.
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