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...
Interest Liability on Electronic Credit Ledger Payments - Seeking levy of interest only on that part of the tax which is paid in cash - The High court concluded that the levy of interest depends not on the type of ledger used (cash or credit) but on the timing of the tax payment relative to the filing of returns. Interest is applicable on delays in tax payments made after the due date of return filing, regardless of whether the payment is from the Electronic Credit Ledger or the Cash Ledger. The court found that while the Monitoring Committee can issue guidelines, its decisions are not binding on the Proper Officer in the context of tax recovery. The Proper Officer retains autonomy in assessing and executing recovery based on individual case assessments.
Interest Liability on Electronic Credit Ledger Payments - Seeking levy of interest only on that part of the tax which is paid in cash - The High court concluded that the levy of interest depends not on the type of ledger used (cash or credit) but on the timing of the tax payment relative to the filing of returns. Interest is applicable on delays in tax payments made after the due date of return filing, regardless of whether the payment is from the Electronic Credit Ledger or the Cash Ledger. The court found that while the Monitoring Committee can issue guidelines, its decisions are not binding on the Proper Officer in the context of tax recovery. The Proper Officer retains autonomy in assessing and executing recovery based on individual case assessments.
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