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...
Limitation for rectification was held to run from the operative reassessment order, because settlement under the DTVSV Scheme does not extinguish the reassessment order itself; the rectification application was therefore within time. The Tribunal also held that a pure legal claim based on facts already on record can be raised in rectification and appellate proceedings even without a revised return, and the Goetze restriction does not bind appellate authorities. Applying the purpose test, the fertilizer subsidy under the Nutrient Based Subsidy Policy was treated as a capital receipt, and as a non-taxable capital receipt it was excluded from book profit under section 115JB. Relief was allowed for one year and upheld for the other.
Limitation for rectification was held to run from the operative reassessment order, because settlement under the DTVSV Scheme does not extinguish the reassessment order itself; the rectification application was therefore within time. The Tribunal also held that a pure legal claim based on facts already on record can be raised in rectification and appellate proceedings even without a revised return, and the Goetze restriction does not bind appellate authorities. Applying the purpose test, the fertilizer subsidy under the Nutrient Based Subsidy Policy was treated as a capital receipt, and as a non-taxable capital receipt it was excluded from book profit under section 115JB. Relief was allowed for one year and upheld for the other.
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