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...
Declared transaction value for direct imports of HMS scrap and other re-meltable scrap could not be rejected because the department had not shown any basis for doubt or produced contemporaneous import evidence; the re-determined value and differential duty for the 36 direct-import Bills of Entry were therefore set aside. For high sea sale imports, assessable value had to be fixed on the actual contract price subject to verification of the full document chain, including the original invoice, high sea sale contract and related charges; because documentation was incomplete for some Bills of Entry and undervaluation was admitted for seven, the valuation issue and duty liability were remanded for fresh adjudication after hearing. Penalties on the importer and co-appellants were also remanded for reconsideration in light of the fresh valuation exercise.
Declared transaction value for direct imports of HMS scrap and other re-meltable scrap could not be rejected because the department had not shown any basis for doubt or produced contemporaneous import evidence; the re-determined value and differential duty for the 36 direct-import Bills of Entry were therefore set aside. For high sea sale imports, assessable value had to be fixed on the actual contract price subject to verification of the full document chain, including the original invoice, high sea sale contract and related charges; because documentation was incomplete for some Bills of Entry and undervaluation was admitted for seven, the valuation issue and duty liability were remanded for fresh adjudication after hearing. Penalties on the importer and co-appellants were also remanded for reconsideration in light of the fresh valuation exercise.
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