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...
Refund under GST can be withheld only when the statutory conditions for invoking Section 54(11) are actually satisfied, including a pending proceeding or appeal; the mere possibility that the State may file an appeal is insufficient. The High Court held that the authority could not refuse to process a refund arising from an appellate order simply because the appeal period had not expired, as that showed no conscious application of mind and no valid basis under Rule 92(2). The refusal was set aside and the refund claim remitted for fresh consideration after hearing the taxpayer and passing a reasoned order.
Refund under GST can be withheld only when the statutory conditions for invoking Section 54(11) are actually satisfied, including a pending proceeding or appeal; the mere possibility that the State may file an appeal is insufficient. The High Court held that the authority could not refuse to process a refund arising from an appellate order simply because the appeal period had not expired, as that showed no conscious application of mind and no valid basis under Rule 92(2). The refusal was set aside and the refund claim remitted for fresh consideration after hearing the taxpayer and passing a reasoned order.
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