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...
Insolvency and BankruptcyMarch 14, 2024Case LawsAT
Undervalued/preferential/fraudulent transactions - Failure to adjudicate about the ingredients of Section 43, 45, 49 and 66, specifically - need for separate consideration of preferential, undervalued, and fraudulent transactions, each requiring distinct scrutiny and evidence - NCLAT found that the Adjudicating Authority's order lacked sufficient scrutiny and analysis. The Court observed that the Authority merely recorded its conclusions without adequately considering the individual nature of each transaction and without referencing the pleadings or materials on record. Specifically, the Tribunal noted that the Authority's conclusion of fraudulent transactions lacked detailed reasoning and examination of the ingredients required to establish fraud.
Undervalued/preferential/fraudulent transactions - Failure to adjudicate about the ingredients of Section 43, 45, 49 and 66, specifically - need for separate consideration of preferential, undervalued, and fraudulent transactions, each requiring distinct scrutiny and evidence - NCLAT found that the Adjudicating Authority's order lacked sufficient scrutiny and analysis. The Court observed that the Authority merely recorded its conclusions without adequately considering the individual nature of each transaction and without referencing the pleadings or materials on record. Specifically, the Tribunal noted that the Authority's conclusion of fraudulent transactions lacked detailed reasoning and examination of the ingredients required to establish fraud.
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