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...
Section 50 applies only as a limited deeming fiction for computing capital gains on depreciable assets and does not change the asset's character for all purposes. The Tribunal held that where the asset was held beyond the prescribed period, the resulting gain could be computed under section 50 but remained taxable at the long-term capital gains rate, not as short-term capital gain merely because depreciation had been claimed earlier. It also sustained adoption of the written down value as the cost of acquisition, rejecting indexation from original cost and the separate claim for cost of improvement because no supporting evidence was produced.
Section 50 applies only as a limited deeming fiction for computing capital gains on depreciable assets and does not change the asset's character for all purposes. The Tribunal held that where the asset was held beyond the prescribed period, the resulting gain could be computed under section 50 but remained taxable at the long-term capital gains rate, not as short-term capital gain merely because depreciation had been claimed earlier. It also sustained adoption of the written down value as the cost of acquisition, rejecting indexation from original cost and the separate claim for cost of improvement because no supporting evidence was produced.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
