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...
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Fraud classification under the RBI Fraud Master Circular, 2024 requires a reasoned order addressing the relevant facts, the noticee's submissions and the reasons for rejecting them. An order that merely reproduces forensic-audit observations and the show-cause notice, without dealing with defences, reflects non-application of mind and cannot sustain classification. The discussion further notes that proceedings against a former non-executive director were unsustainable for the audit review period where the forensic report attributed no fraudulent transaction or allegation to that director and no personal guarantee was produced. The fraud-classification order was set aside, with no permission to recommence proceedings for that period.
Fraud classification under the RBI Fraud Master Circular, 2024 requires a reasoned order addressing the relevant facts, the noticee's submissions and the reasons for rejecting them. An order that merely reproduces forensic-audit observations and the show-cause notice, without dealing with defences, reflects non-application of mind and cannot sustain classification. The discussion further notes that proceedings against a former non-executive director were unsustainable for the audit review period where the forensic report attributed no fraudulent transaction or allegation to that director and no personal guarantee was produced. The fraud-classification order was set aside, with no permission to recommence proceedings for that period.
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