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...
Misdeclaration of export goods was established where scientific examination showed the recalled consignment to be low-gold bangles rather than the declared 22 carat jewellery, so confiscation under Sections 113(i) and 113(ja) was sustained. Diversion of duty-free gold under Notification No. 57/2000-Cus. was also proved because the quantity procured did not match the gold found, no manufacturing records explained the shortfall, and strict compliance with the exemption conditions was not shown; confiscation under Section 111(o) was therefore justified. Penalties were upheld only against persons whose conduct showed conscious facilitation or knowing use of false documents, while HDFC Bank, the Superintendent, and job workers were exonerated for lack of mens rea. Redemption fine was not imposed on unavailable goods.
Misdeclaration of export goods was established where scientific examination showed the recalled consignment to be low-gold bangles rather than the declared 22 carat jewellery, so confiscation under Sections 113(i) and 113(ja) was sustained. Diversion of duty-free gold under Notification No. 57/2000-Cus. was also proved because the quantity procured did not match the gold found, no manufacturing records explained the shortfall, and strict compliance with the exemption conditions was not shown; confiscation under Section 111(o) was therefore justified. Penalties were upheld only against persons whose conduct showed conscious facilitation or knowing use of false documents, while HDFC Bank, the Superintendent, and job workers were exonerated for lack of mens rea. Redemption fine was not imposed on unavailable goods.
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