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...
FEMA adjudication principles discussed include that procedural delay does not invalidate proceedings without demonstrated prejudice, particularly in complex cross-border investigations where reasons for delay are recorded. Transfers of bank shares to non-residents require Reserve Bank permission in the approved entities' names; an initially unauthorised holding cannot support later transfers under general permission, and civil penalties do not require mens rea. Corporate officers may incur liability for consent, connivance or neglect where they fail to exercise due diligence. Escrow and security arrangements are assessed by substance: custody of shares and title deeds securing overseas loans may constitute an unauthorised guarantee. Foreign-exchange repatriation duties do not apply to a person resident outside India.
FEMA adjudication principles discussed include that procedural delay does not invalidate proceedings without demonstrated prejudice, particularly in complex cross-border investigations where reasons for delay are recorded. Transfers of bank shares to non-residents require Reserve Bank permission in the approved entities' names; an initially unauthorised holding cannot support later transfers under general permission, and civil penalties do not require mens rea. Corporate officers may incur liability for consent, connivance or neglect where they fail to exercise due diligence. Escrow and security arrangements are assessed by substance: custody of shares and title deeds securing overseas loans may constitute an unauthorised guarantee. Foreign-exchange repatriation duties do not apply to a person resident outside India.
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