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...
Customs law did not extend to fasten liability on a foreign exporter for pre-amendment transactions where the exporter was outside India and the relevant amendment to Section 1 operated only prospectively from 29 March 2018. The Act placed post-import compliance and responsibility on the Indian importer, and no legal basis was shown to make the foreign exporter answer for the importers' alleged misdeclaration. Penalties under Sections 112 and 114AA also failed because there was no evidence of any act, omission, abetment, false declaration, or other conduct by the petitioners that satisfied the statutory requirements. On that basis, the show-cause notices were quashed as without jurisdiction.
Customs law did not extend to fasten liability on a foreign exporter for pre-amendment transactions where the exporter was outside India and the relevant amendment to Section 1 operated only prospectively from 29 March 2018. The Act placed post-import compliance and responsibility on the Indian importer, and no legal basis was shown to make the foreign exporter answer for the importers' alleged misdeclaration. Penalties under Sections 112 and 114AA also failed because there was no evidence of any act, omission, abetment, false declaration, or other conduct by the petitioners that satisfied the statutory requirements. On that basis, the show-cause notices were quashed as without jurisdiction.
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