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...
Petition for discharge u/s 245(2) Cr.P.C. dismissed in offences u/s 135(1)(a) and 135(1)(b) of Customs Act, 1962 relating to improperly imported gold bars. At charge framing stage, court to prima facie consider sufficient grounds for proceeding against accused, not appreciate evidence for conviction. While considering discharge, court not to deeply evaluate probative value but form presumptive opinion on factual ingredients constituting alleged offence without roving inquiry or weighing evidence as in trial. Gold seized from pillion rider's possession, petitioner's involvement matter for trial. Sanction order challenged on ground of not considering evidence nature, role and mens rea, but petitioner neither specified facts not considered nor showed apparent error. No evidence produced to enable Magistrate find charge groundless. Dismissal of discharge petition cannot be faulted, revision devoid of merits, liable to be dismissed.
Petition for discharge u/s 245(2) Cr.P.C. dismissed in offences u/s 135(1)(a) and 135(1)(b) of Customs Act, 1962 relating to improperly imported gold bars. At charge framing stage, court to prima facie consider sufficient grounds for proceeding against accused, not appreciate evidence for conviction. While considering discharge, court not to deeply evaluate probative value but form presumptive opinion on factual ingredients constituting alleged offence without roving inquiry or weighing evidence as in trial. Gold seized from pillion rider's possession, petitioner's involvement matter for trial. Sanction order challenged on ground of not considering evidence nature, role and mens rea, but petitioner neither specified facts not considered nor showed apparent error. No evidence produced to enable Magistrate find charge groundless. Dismissal of discharge petition cannot be faulted, revision devoid of merits, liable to be dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
