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...
EDD collected in SVB-related provisional assessments was a refundable deposit and not customs duty; once the related-party valuation issue was concluded in favour of the importer, refund could not be withheld pending finalisation of other Bills of Entry issues such as test reports, demurrage or quantity variations. The Tribunal held that the statutory scheme governing provisional assessment and refund applied to EDD, and rejected the departmental view that all assessments had to be finalised before refund. It further held that the refund application was complete in material respects, so delay in sanctioning refund attracted interest under Section 27A from expiry of three months after receipt of the claim until actual refund.
EDD collected in SVB-related provisional assessments was a refundable deposit and not customs duty; once the related-party valuation issue was concluded in favour of the importer, refund could not be withheld pending finalisation of other Bills of Entry issues such as test reports, demurrage or quantity variations. The Tribunal held that the statutory scheme governing provisional assessment and refund applied to EDD, and rejected the departmental view that all assessments had to be finalised before refund. It further held that the refund application was complete in material respects, so delay in sanctioning refund attracted interest under Section 27A from expiry of three months after receipt of the claim until actual refund.
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