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...
Cold heading quality alloy steel wire in coils was held classifiable as alloy steel wire under CTH 7229 9090, not as wire rods under CTH 7227, because the imported product had undergone wire drawing and subsequent heat treatment and the department failed to produce technical evidence displacing the declared classification. On that basis, the Tribunal held that Notification No. 152/2009-Cus. remained available, so the differential duty and interest demand could not survive once the reclassification failed. Confiscation, penalties, and the extended-period invocation also failed because they were entirely based on the alleged misclassification and wrongful exemption claim, with no material showing suppression or wilful misstatement.
Cold heading quality alloy steel wire in coils was held classifiable as alloy steel wire under CTH 7229 9090, not as wire rods under CTH 7227, because the imported product had undergone wire drawing and subsequent heat treatment and the department failed to produce technical evidence displacing the declared classification. On that basis, the Tribunal held that Notification No. 152/2009-Cus. remained available, so the differential duty and interest demand could not survive once the reclassification failed. Confiscation, penalties, and the extended-period invocation also failed because they were entirely based on the alleged misclassification and wrongful exemption claim, with no material showing suppression or wilful misstatement.
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