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...
Taxability under a Joint Development Agreement is examined where land is held as stock-in-trade, with focus on whether revenue accrues, whether an interest-free refundable security deposit constitutes consideration, and whether possession was transferred. The notes state that the capital-gains provision for specified development agreements involving capital assets does not apply to stock-in-trade. They also identify material factual questions requiring examination, including the termination notice and its effect, project status, the deposit's character and use, and the agreement's revenue-recognition terms. The matter described was remitted for fresh consideration after a remand report, objections, and reasonable opportunity, without a merits determination of taxability.
Taxability under a Joint Development Agreement is examined where land is held as stock-in-trade, with focus on whether revenue accrues, whether an interest-free refundable security deposit constitutes consideration, and whether possession was transferred. The notes state that the capital-gains provision for specified development agreements involving capital assets does not apply to stock-in-trade. They also identify material factual questions requiring examination, including the termination notice and its effect, project status, the deposit's character and use, and the agreement's revenue-recognition terms. The matter described was remitted for fresh consideration after a remand report, objections, and reasonable opportunity, without a merits determination of taxability.
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