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...
Retrospective applicability of the amended Rule 89(5) governing refund of unutilised input tax credit on input services was treated as settled: the Court noted the Supreme Court's ruling in VKC Footsteps and the coordinate bench view in Ascent Meditech that Notification No. 14/2022 is retrospective, curative and clarificatory. As that legal position was undisputed, the deficiency memo rejecting the refund claim could not stand. The refund application was required to be processed under the amended formula and the law as declared.
Retrospective applicability of the amended Rule 89(5) governing refund of unutilised input tax credit on input services was treated as settled: the Court noted the Supreme Court's ruling in VKC Footsteps and the coordinate bench view in Ascent Meditech that Notification No. 14/2022 is retrospective, curative and clarificatory. As that legal position was undisputed, the deficiency memo rejecting the refund claim could not stand. The refund application was required to be processed under the amended formula and the law as declared.
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