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...
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Delay in filing customs appeals beyond the statutory period of 60 days, plus the further condonable 30 days, cannot be condoned by the Commissioner (Appeals). The Tribunal found the explanation for delay factually inadequate because the affidavits lacked specific particulars and dates, and the appellants had not consistently claimed that both partners were outside India. Relying on Singh Enterprises, it held that section 5 of the Limitation Act is excluded where the statute fixes the maximum condonable period. The appeals were therefore upheld as time-barred, and the Commissioner (Appeals) had no jurisdiction to entertain them.
Delay in filing customs appeals beyond the statutory period of 60 days, plus the further condonable 30 days, cannot be condoned by the Commissioner (Appeals). The Tribunal found the explanation for delay factually inadequate because the affidavits lacked specific particulars and dates, and the appellants had not consistently claimed that both partners were outside India. Relying on Singh Enterprises, it held that section 5 of the Limitation Act is excluded where the statute fixes the maximum condonable period. The appeals were therefore upheld as time-barred, and the Commissioner (Appeals) had no jurisdiction to entertain them.
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