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 CESTAT allowed exemption for paints applied on wind mills, considering them an integral part of the wind operated electricity generator, covered under the exemption notification. It rejected the argument that paint is merely an external coating and not a component or part. The Tribunal reasoned that paint acts like skin, essential for protection and integral to the product. Disallowing exemption for paint would be akin to removing skin from a living being. The Tribunal distinguished the Bombay High Court order cited by the Department, stating its limited writ jurisdiction is different from the appellate jurisdiction of CESTAT. The Commissioner's order denying exemption was set aside.
The CESTAT allowed exemption for paints applied on wind mills, considering them an integral part of the wind operated electricity generator, covered under the exemption notification. It rejected the argument that paint is merely an external coating and not a component or part. The Tribunal reasoned that paint acts like skin, essential for protection and integral to the product. Disallowing exemption for paint would be akin to removing skin from a living being. The Tribunal distinguished the Bombay High Court order cited by the Department, stating its limited writ jurisdiction is different from the appellate jurisdiction of CESTAT. The Commissioner's order denying exemption was set aside.
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