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...
Burden of proof in a town seizure of gold was discharged by purchase register entries, purchase invoices, GST returns and job work challans showing lawful procurement and tax-paid stock. Because the gold bore no foreign-origin markings and the adjudicating authority had ignored this documentary evidence, the presumption of smuggling was rebutted. The allegation that the gold was foreign origin was therefore unsustainable, confiscation was not justified, and release of the seized gold was directed. As the penalties were only consequential to the confiscation, they too could not survive and were set aside.
Burden of proof in a town seizure of gold was discharged by purchase register entries, purchase invoices, GST returns and job work challans showing lawful procurement and tax-paid stock. Because the gold bore no foreign-origin markings and the adjudicating authority had ignored this documentary evidence, the presumption of smuggling was rebutted. The allegation that the gold was foreign origin was therefore unsustainable, confiscation was not justified, and release of the seized gold was directed. As the penalties were only consequential to the confiscation, they too could not survive and were set aside.
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