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 duty exemption under SAFTA was upheld where the certificates of origin, later verified by Bangladesh authorities, were confirmed as correct and could not be disregarded on a unilateral assumption about the origin of the goods. The Tribunal also rejected selective retesting and extrapolation of a few later laboratory results to all consignments, finding the method legally untenable and inconsistent with the original reports. It further held that the extended period of limitation was unavailable because the import documents had been disclosed at clearance and no suppression, wilful misstatement or collusion was proved. The objection that recovery proceedings were invalid for want of a departmental appeal against self-assessed bills of entry was also rejected.
Preferential duty exemption under SAFTA was upheld where the certificates of origin, later verified by Bangladesh authorities, were confirmed as correct and could not be disregarded on a unilateral assumption about the origin of the goods. The Tribunal also rejected selective retesting and extrapolation of a few later laboratory results to all consignments, finding the method legally untenable and inconsistent with the original reports. It further held that the extended period of limitation was unavailable because the import documents had been disclosed at clearance and no suppression, wilful misstatement or collusion was proved. The objection that recovery proceedings were invalid for want of a departmental appeal against self-assessed bills of entry was also rejected.
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