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...
Refund entitlement for zero-rated export services turns on a proper examination of the true nature of the transaction under the governing provisions. The HC held that the adjudicating authority failed to do so and also failed to consider the relevant circular on the effect of non-furnishing of a Letter of Undertaking. It accepted that omission to furnish an LUT/Bond is not an incurable defect and may be considered later for refund purposes. Because the character of the services and the refund claim based on the LUT were not addressed, the adjudication and appellate orders were quashed and the matter was remitted for fresh decision after permitting production of the LUT.
Refund entitlement for zero-rated export services turns on a proper examination of the true nature of the transaction under the governing provisions. The HC held that the adjudicating authority failed to do so and also failed to consider the relevant circular on the effect of non-furnishing of a Letter of Undertaking. It accepted that omission to furnish an LUT/Bond is not an incurable defect and may be considered later for refund purposes. Because the character of the services and the refund claim based on the LUT were not addressed, the adjudication and appellate orders were quashed and the matter was remitted for fresh decision after permitting production of the LUT.
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