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...
Section 37A had to be read as a whole, so the Directorate of Enforcement could challenge a seizure order after being heard before the Competent Authority; the departmental appeal was therefore maintainable. On the merits, subscription to a foreign company's shares, even through memorandum of association, constituted direct investment outside India and fell within foreign security. The Tribunal held that paid-up capital was not a precondition for acquisition, holding or transfer, and the Competent Authority erred in treating the shares as valueless and finding no contravention. It also held that equivalent value seizure under Section 37A is a one-time securing measure and cannot be duplicated for the same foreign security.
Section 37A had to be read as a whole, so the Directorate of Enforcement could challenge a seizure order after being heard before the Competent Authority; the departmental appeal was therefore maintainable. On the merits, subscription to a foreign company's shares, even through memorandum of association, constituted direct investment outside India and fell within foreign security. The Tribunal held that paid-up capital was not a precondition for acquisition, holding or transfer, and the Competent Authority erred in treating the shares as valueless and finding no contravention. It also held that equivalent value seizure under Section 37A is a one-time securing measure and cannot be duplicated for the same foreign security.
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