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...
Disallowance of CENVAT credit claimed by the appellant on various inputs and input services. The key points are: The credit was denied as the inputs and services did not qualify u/rs 2(k) and 2(l) of the CENVAT Credit Rules, 2004, due to the exclusion clauses. The decisions cited by the appellant were not relevant. The Bombay High Court and Supreme Court affirmed that goods/services excluded under the definition cannot be covered by referring to the main clause. Regarding construction materials, they fall under the exclusion clause for goods used for building construction. The appellant failed to prove the activities were for renovation/repair of an existing factory, as required for the inclusion clause. The credit on security and manpower services after production commenced was allowed, as it could not be attributed to factory setup. The demand needs re-determination, and the penalty u/r 15(1) was set aside, with the appeal partly allowed.
Disallowance of CENVAT credit claimed by the appellant on various inputs and input services. The key points are: The credit was denied as the inputs and services did not qualify u/rs 2(k) and 2(l) of the CENVAT Credit Rules, 2004, due to the exclusion clauses. The decisions cited by the appellant were not relevant. The Bombay High Court and Supreme Court affirmed that goods/services excluded under the definition cannot be covered by referring to the main clause. Regarding construction materials, they fall under the exclusion clause for goods used for building construction. The appellant failed to prove the activities were for renovation/repair of an existing factory, as required for the inclusion clause. The credit on security and manpower services after production commenced was allowed, as it could not be attributed to factory setup. The demand needs re-determination, and the penalty u/r 15(1) was set aside, with the appeal partly allowed.
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