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...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
In provisional release of seized imported goods, the CESTAT held that the adjudicating authority must exercise discretion judiciously under Section 110A and cannot impose bank guarantee conditions merely by executive instruction; finding the original demand disproportionately onerous, it retained a bond for the full value but reduced the bank guarantee. In the re-export context, the Tribunal held that security conditions at the provisional stage must be moderated where goods are not cleared for home consumption and final liability is undecided; it again retained a full-value bond while substantially lowering the bank guarantee, subject to adjudication.
In provisional release of seized imported goods, the CESTAT held that the adjudicating authority must exercise discretion judiciously under Section 110A and cannot impose bank guarantee conditions merely by executive instruction; finding the original demand disproportionately onerous, it retained a bond for the full value but reduced the bank guarantee. In the re-export context, the Tribunal held that security conditions at the provisional stage must be moderated where goods are not cleared for home consumption and final liability is undecided; it again retained a full-value bond while substantially lowering the bank guarantee, subject to adjudication.
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