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...
Preferential exemption under the ASEAN-India Free Trade Agreement was denied for imported aluminium scrap because the goods did not bear country-of-origin markings. CESTAT held that Customs could identify the goods from the bill of entry and certificate of origin, which consistently described the scrap by grade and type, and from other verified documents including the PSI certificate, sales contract, FTA certificate and weighment slips. In the absence of tampering or any blameworthy act by the importer, the missing physical origin marking was only a minor procedural deficiency. The doctrine of substantial compliance applied, and the exemption from Basic Customs Duty was restored.
Preferential exemption under the ASEAN-India Free Trade Agreement was denied for imported aluminium scrap because the goods did not bear country-of-origin markings. CESTAT held that Customs could identify the goods from the bill of entry and certificate of origin, which consistently described the scrap by grade and type, and from other verified documents including the PSI certificate, sales contract, FTA certificate and weighment slips. In the absence of tampering or any blameworthy act by the importer, the missing physical origin marking was only a minor procedural deficiency. The doctrine of substantial compliance applied, and the exemption from Basic Customs Duty was restored.
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