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...
CESTAT upheld classification of the imported goods as crystalline limestone rather than marble, accepting the Geological Survey of India report as a reliable technical opinion and holding that dictionary meanings could not override expert scientific evidence. It distinguished prior marble decisions on their facts and found that the advance licence and Notification No. 203/92 exemption, which applied to marble, was correctly denied. The Tribunal also found clear misdeclaration in both description and quantity, since the goods were not as declared and excess quantity was detected on first check. Confiscation, redemption fine and penalties were therefore justified and affirmed.
CESTAT upheld classification of the imported goods as crystalline limestone rather than marble, accepting the Geological Survey of India report as a reliable technical opinion and holding that dictionary meanings could not override expert scientific evidence. It distinguished prior marble decisions on their facts and found that the advance licence and Notification No. 203/92 exemption, which applied to marble, was correctly denied. The Tribunal also found clear misdeclaration in both description and quantity, since the goods were not as declared and excess quantity was detected on first check. Confiscation, redemption fine and penalties were therefore justified and affirmed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
