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...
Notification No. 30/2004-CE exemption was held to remain available where the assessee had not originally taken CENVAT credit on exempt clearances, maintained separate accounts, and later reversed credit only after the Department required reversal under Rule 6(3). The prescribed reversal was treated as deemed non-availment of credit, so the later availment and reversal did not breach the exemption condition or justify duty demand on the exempted goods. The extended period of limitation was also held unavailable because the later demand rested on a change in the Department's earlier stand. The duty, interest and penalty demands were set aside.
Notification No. 30/2004-CE exemption was held to remain available where the assessee had not originally taken CENVAT credit on exempt clearances, maintained separate accounts, and later reversed credit only after the Department required reversal under Rule 6(3). The prescribed reversal was treated as deemed non-availment of credit, so the later availment and reversal did not breach the exemption condition or justify duty demand on the exempted goods. The extended period of limitation was also held unavailable because the later demand rested on a change in the Department's earlier stand. The duty, interest and penalty demands were set aside.
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