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...
Reopening based on audit objections and issues already examined in scrutiny assessment was treated as a mere change of opinion, because the Assessing Officer had raised specific queries in the original proceedings and the assessee had disclosed full particulars. The reassessment was held invalid on depreciation claims for computers, plant and machinery, goodwill, CSR-linked deduction under Chapter VI-A, and excess discount provision, since each issue had been considered earlier or lacked a live nexus with any new material. The recorded reasons were also found vague on excess depreciation and contrary to the statutory scheme on additional depreciation and goodwill. On that basis, the notice under section 148 and the order rejecting objections were quashed.
Reopening based on audit objections and issues already examined in scrutiny assessment was treated as a mere change of opinion, because the Assessing Officer had raised specific queries in the original proceedings and the assessee had disclosed full particulars. The reassessment was held invalid on depreciation claims for computers, plant and machinery, goodwill, CSR-linked deduction under Chapter VI-A, and excess discount provision, since each issue had been considered earlier or lacked a live nexus with any new material. The recorded reasons were also found vague on excess depreciation and contrary to the statutory scheme on additional depreciation and goodwill. On that basis, the notice under section 148 and the order rejecting objections were quashed.
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