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...
The High Court found a violation of natural justice as the show cause notice lacked details of hearing. Referring to legal precedents, the Court emphasized the importance of legislative intent in interpreting statutes. It noted that clear statutory language must be followed without implying additional terms. The Court clarified that a casus omissus can only be filled if there is a clear necessity within the statute. While interpreting statutes, the plain meaning rule applies, and any hardship cannot alter the language used. The Court highlighted the significance of personal hearing in tax matters and remanded the case for proper adherence to statutory procedures, emphasizing the need for personal hearing before passing a fresh order.
The High Court found a violation of natural justice as the show cause notice lacked details of hearing. Referring to legal precedents, the Court emphasized the importance of legislative intent in interpreting statutes. It noted that clear statutory language must be followed without implying additional terms. The Court clarified that a casus omissus can only be filled if there is a clear necessity within the statute. While interpreting statutes, the plain meaning rule applies, and any hardship cannot alter the language used. The Court highlighted the significance of personal hearing in tax matters and remanded the case for proper adherence to statutory procedures, emphasizing the need for personal hearing before passing a fresh order.
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