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...
The dominant legal issue is whether the statutory pre-deposit under Section 129E is mandatory and if judicial relief can permit conditional compliance; the court affirmed the pre-deposit requirement is mandatory and CESTAT acquires jurisdiction only on compliance, but recognised that Article 226 relief may be exercised where financial hardship is pleaded to prevent appellate rights becoming illusory, and therefore permitted staged instalmental compliance; outcome: the appellant was allowed to deposit the directed sum in instalments, CESTAT to entertain the appeal on production of the initial instalment, and final adjudication to be pronounced only after full deposit, with the Single Judge's order set aside.
The dominant legal issue is whether the statutory pre-deposit under Section 129E is mandatory and if judicial relief can permit conditional compliance; the court affirmed the pre-deposit requirement is mandatory and CESTAT acquires jurisdiction only on compliance, but recognised that Article 226 relief may be exercised where financial hardship is pleaded to prevent appellate rights becoming illusory, and therefore permitted staged instalmental compliance; outcome: the appellant was allowed to deposit the directed sum in instalments, CESTAT to entertain the appeal on production of the initial instalment, and final adjudication to be pronounced only after full deposit, with the Single Judge's order set aside.
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