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...
Winding up is not maintainable where the claimed debt is bona fide disputed and the liability depends on unresolved questions of fact. The Court applied this principle to a petition based on unpaid price for supplied goods, noting a serious dispute over the agreed rates, the company's account statement indicating excess payment, and the seller's failure to pursue reconciliation despite a request. As the factual assertions in the reply were not controverted, the dispute was treated as genuine and substantial. The winding up petition was rejected, and both sides were left free to pursue their claims before the appropriate forum.
Winding up is not maintainable where the claimed debt is bona fide disputed and the liability depends on unresolved questions of fact. The Court applied this principle to a petition based on unpaid price for supplied goods, noting a serious dispute over the agreed rates, the company's account statement indicating excess payment, and the seller's failure to pursue reconciliation despite a request. As the factual assertions in the reply were not controverted, the dispute was treated as genuine and substantial. The winding up petition was rejected, and both sides were left free to pursue their claims before the appropriate forum.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4796
Join Channel
TaxTMI 
