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...
Section 9D was treated as a mandatory safeguard for using investigation statements in adjudication, requiring witness examination, recorded satisfaction for dispensing with it, and an opportunity for cross-examination; the statements were therefore inadmissible. Section 36B was also held to be a complete code for computer-derived records, and the absence of the required certificate and foundational proof made the seized papers and charts inadmissible. As no independent corroborative evidence established clandestine manufacture or removal, the duty demand, interest and equal penalty could not stand and were set aside.
Section 9D was treated as a mandatory safeguard for using investigation statements in adjudication, requiring witness examination, recorded satisfaction for dispensing with it, and an opportunity for cross-examination; the statements were therefore inadmissible. Section 36B was also held to be a complete code for computer-derived records, and the absence of the required certificate and foundational proof made the seized papers and charts inadmissible. As no independent corroborative evidence established clandestine manufacture or removal, the duty demand, interest and equal penalty could not stand and were set aside.
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