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...
Recording of satisfaction in the assessment order is treated as a jurisdictional prerequisite for initiating penalty for cash receipts in contravention of the statutory banking-route rule; a vague reference to possible penalty proceedings is insufficient, and the defect cannot be cured later in the notice, penalty order or appeal. The Tribunal also held that the alleged contravention must be proved with independent and cogent evidence of the payer, date, amount and statutory threshold breach. Rejected books, estimated income and an uncorroborated admission of additional income were not enough. On that basis, the penalty was held unsustainable and deleted.
Recording of satisfaction in the assessment order is treated as a jurisdictional prerequisite for initiating penalty for cash receipts in contravention of the statutory banking-route rule; a vague reference to possible penalty proceedings is insufficient, and the defect cannot be cured later in the notice, penalty order or appeal. The Tribunal also held that the alleged contravention must be proved with independent and cogent evidence of the payer, date, amount and statutory threshold breach. Rejected books, estimated income and an uncorroborated admission of additional income were not enough. On that basis, the penalty was held unsustainable and deleted.
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