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 High Court held that the levy of tax and penalty on detained goods was unjustified as there was no intention to avoid tax payment. The petitioner accompanied the goods with relevant documents like tax invoice, goods receipt, and e-way bills mentioning Ghaziabad as the dispatch location. The petitioner's reply stated the purchase was from a Ghaziabad dealer, which was not denied. The state failed to prove the goods were purchased from a non-bonafide dealer. Since the petitioner was present before the authority, proceedings u/s 129(1)(b) of the Act were inappropriate when the consignor claimed ownership with tax invoice and e-way bill. The impugned orders were quashed as unsustainable in law.
The High Court held that the levy of tax and penalty on detained goods was unjustified as there was no intention to avoid tax payment. The petitioner accompanied the goods with relevant documents like tax invoice, goods receipt, and e-way bills mentioning Ghaziabad as the dispatch location. The petitioner's reply stated the purchase was from a Ghaziabad dealer, which was not denied. The state failed to prove the goods were purchased from a non-bonafide dealer. Since the petitioner was present before the authority, proceedings u/s 129(1)(b) of the Act were inappropriate when the consignor claimed ownership with tax invoice and e-way bill. The impugned orders were quashed as unsustainable in law.
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