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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Lip seals, being predominantly made of vulcanised rubber, were held classifiable under heading 4016 rather than as motor vehicle parts under Chapter 87, because Section Note 2(a) to Section XVII excludes such rubber articles from Chapter 87. The extended limitation period was rejected because a dispute over tariff classification, without collusion, wilful misstatement or suppression with intent to evade duty, does not satisfy section 28(4); the related penalty under section 114A was also set aside. Valuation, and the classifications of the heater and CAM, were remanded to the Commissioner for fresh consideration after verification of freight certificates and the appellant's explanation of use.
Lip seals, being predominantly made of vulcanised rubber, were held classifiable under heading 4016 rather than as motor vehicle parts under Chapter 87, because Section Note 2(a) to Section XVII excludes such rubber articles from Chapter 87. The extended limitation period was rejected because a dispute over tariff classification, without collusion, wilful misstatement or suppression with intent to evade duty, does not satisfy section 28(4); the related penalty under section 114A was also set aside. Valuation, and the classifications of the heater and CAM, were remanded to the Commissioner for fresh consideration after verification of freight certificates and the appellant's explanation of use.
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