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...
Rejection of section 9 application filed by the Appellant - pre-existing dispute - The NCLAT determined that the email communication constituted a clear dispute regarding the completion of the work and the refund of excess payments. - The tribunal rejected the Appellant's argument that the dispute was baseless or a "moonshine" defense, stating that the allegations made in the email were substantial and warranted consideration. - The NCLAT observed that while the issue of excess input tax taken by the Corporate Debtor could not be addressed under Section 9 of the Code, the Appellant could pursue remedies available under the contract for any dues.
Rejection of section 9 application filed by the Appellant - pre-existing dispute - The NCLAT determined that the email communication constituted a clear dispute regarding the completion of the work and the refund of excess payments. - The tribunal rejected the Appellant's argument that the dispute was baseless or a "moonshine" defense, stating that the allegations made in the email were substantial and warranted consideration. - The NCLAT observed that while the issue of excess input tax taken by the Corporate Debtor could not be addressed under Section 9 of the Code, the Appellant could pursue remedies available under the contract for any dues.
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