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...
Validity of reassessment proceedings u/s 147, the requirement of fresh tangible material for reopening assessment, and the disallowance of expenditure incurred on DAP, production, and translation expenses. The court held that the reasons provided by the Assessing Officer (AO) failed to demonstrate the assessee's failure to disclose fully and truly, rendering the reassessment exercise nugatory. The court observed that the purported reasons only demonstrated a change of opinion, which cannot form the basis for reopening the assessment. The court also noted that even if the AO's argument of allowing expenses due to a mistake or without verification is accepted, the appropriate remedy would lie u/s 263. Consequently, the essential ingredient for reopening the assessment beyond four years was not satisfied, making the reassessment proceedings bad in law. Additionally, the court highlighted that the details regarding the expenses were placed before the AO in the previous assessment years, and the claim for deductibility was allowed, attaining finality. Since identical expenditure was claimed year after year without disallowance, the basis for "reasons to believe" did not survive anymore. The decision was in favor of the assessee.
Validity of reassessment proceedings u/s 147, the requirement of fresh tangible material for reopening assessment, and the disallowance of expenditure incurred on DAP, production, and translation expenses. The court held that the reasons provided by the Assessing Officer (AO) failed to demonstrate the assessee's failure to disclose fully and truly, rendering the reassessment exercise nugatory. The court observed that the purported reasons only demonstrated a change of opinion, which cannot form the basis for reopening the assessment. The court also noted that even if the AO's argument of allowing expenses due to a mistake or without verification is accepted, the appropriate remedy would lie u/s 263. Consequently, the essential ingredient for reopening the assessment beyond four years was not satisfied, making the reassessment proceedings bad in law. Additionally, the court highlighted that the details regarding the expenses were placed before the AO in the previous assessment years, and the claim for deductibility was allowed, attaining finality. Since identical expenditure was claimed year after year without disallowance, the basis for "reasons to believe" did not survive anymore. The decision was in favor of the assessee.
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