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...
The Appellate Tribunal upheld the addition u/s 68 as the assessee failed to prove the genuineness of LTCG claimed u/s 10(38). The AO found discrepancies in off-market share purchases, delay in dematerialization, and pooling shares with broker. Despite STT payment, the SC ruling highlighted manipulative transactions. The assessee couldn't explain the adverse evidence, leading to confirmation of AO's findings. The onus to prove genuineness wasn't met, making the LTCG claim a facade. The addition was upheld as the assessee failed to establish the credit entry's genuineness. The entire sale consideration wasn't added u/s 68, but the LTCG claim was deemed sham. Decision favored the Revenue due to lack of evidence from the assessee.
The Appellate Tribunal upheld the addition u/s 68 as the assessee failed to prove the genuineness of LTCG claimed u/s 10(38). The AO found discrepancies in off-market share purchases, delay in dematerialization, and pooling shares with broker. Despite STT payment, the SC ruling highlighted manipulative transactions. The assessee couldn't explain the adverse evidence, leading to confirmation of AO's findings. The onus to prove genuineness wasn't met, making the LTCG claim a facade. The addition was upheld as the assessee failed to establish the credit entry's genuineness. The entire sale consideration wasn't added u/s 68, but the LTCG claim was deemed sham. Decision favored the Revenue due to lack of evidence from the assessee.
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