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...
ITAT treated the exemption for capital gains invested in purchase of a plot and construction of a residential house as a beneficial provision requiring liberal, purposive construction. It held that once investment in acquisition and construction was established, strict insistence on a completion certificate or full completion within the period was not the sole test, and COVID-19 disruptions justified the delay; substantial compliance was enough, so the disallowance was unjustified and the exemption had to be allowed. On the stamp duty issue, it held that where the variation between purchase price and stamp duty value was below the enhanced 10% tolerance band, the curative amendment applied and the addition could not survive, so it was deleted.
ITAT treated the exemption for capital gains invested in purchase of a plot and construction of a residential house as a beneficial provision requiring liberal, purposive construction. It held that once investment in acquisition and construction was established, strict insistence on a completion certificate or full completion within the period was not the sole test, and COVID-19 disruptions justified the delay; substantial compliance was enough, so the disallowance was unjustified and the exemption had to be allowed. On the stamp duty issue, it held that where the variation between purchase price and stamp duty value was below the enhanced 10% tolerance band, the curative amendment applied and the addition could not survive, so it was deleted.
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