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 set aside the adjudication order blocking the Petitioner's credit ledger due to lack of personal hearing and violation of principles of natural justice. The adjudicating officer failed to provide reasons for sustaining the demand or interest, merely stating conclusions without addressing the Petitioner's detailed response to the show cause notice. The Court emphasized the need for reasoned orders, considering furnishing reasons as an essential concomitant of natural justice and fair play, enabling the Appellate Authority to discern the basis for the decision. The impugned order, being unreasoned and non-speaking, could not be sustained. The matter was remanded to the adjudicating authority for fresh adjudication, with directions to hear the Petitioner and pass a speaking order within six weeks.
The High Court set aside the adjudication order blocking the Petitioner's credit ledger due to lack of personal hearing and violation of principles of natural justice. The adjudicating officer failed to provide reasons for sustaining the demand or interest, merely stating conclusions without addressing the Petitioner's detailed response to the show cause notice. The Court emphasized the need for reasoned orders, considering furnishing reasons as an essential concomitant of natural justice and fair play, enabling the Appellate Authority to discern the basis for the decision. The impugned order, being unreasoned and non-speaking, could not be sustained. The matter was remanded to the adjudicating authority for fresh adjudication, with directions to hear the Petitioner and pass a speaking order within six weeks.
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