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...
Import of ferrous waste, scrap and re-melting scrap from Dubai/UAE was held to be freely permitted under Indian law, so confiscation could not rest on any alleged Foreign Trade Policy violation. The importer had produced the invoice, packing list, certificate of origin, bill of lading, pre-shipment inspection certificate and container tracking, and no misdeclaration was established on record. The Tribunal further held that a DGFT office memorandum could not retrospectively invalidate a valid PSIC issued by the PSIA. Since the inspection occurred after Dubai Customs Notice 08/2022 had ceased and before Notice 05/2023 was issued, there was no operative export ban at that time. Redemption fine and penalty were therefore set aside.
Import of ferrous waste, scrap and re-melting scrap from Dubai/UAE was held to be freely permitted under Indian law, so confiscation could not rest on any alleged Foreign Trade Policy violation. The importer had produced the invoice, packing list, certificate of origin, bill of lading, pre-shipment inspection certificate and container tracking, and no misdeclaration was established on record. The Tribunal further held that a DGFT office memorandum could not retrospectively invalidate a valid PSIC issued by the PSIA. Since the inspection occurred after Dubai Customs Notice 08/2022 had ceased and before Notice 05/2023 was issued, there was no operative export ban at that time. Redemption fine and penalty were therefore set aside.
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