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...
HC held that petitioner was entitled to refund of IGST and Service Tax paid on ocean freight following Mohit Minerals precedent. While addressing unjust enrichment concerns, court found petitioner's commitment to refund consumers through tariff adjustments satisfactory. Petitioner established plan to maintain refund amount in separate account for consumer benefit under Electricity Act provisions. Court rejected authorities' transfer of Rs. 23 Crores to Consumer Welfare Fund, finding it inappropriate when mechanism exists to return funds to affected consumers. Orders transferring refund to Consumer Welfare Fund quashed. Authorities directed to refund amount to petitioner within two weeks, with understanding funds would benefit consumers through regulated tariff reductions.
HC held that petitioner was entitled to refund of IGST and Service Tax paid on ocean freight following Mohit Minerals precedent. While addressing unjust enrichment concerns, court found petitioner's commitment to refund consumers through tariff adjustments satisfactory. Petitioner established plan to maintain refund amount in separate account for consumer benefit under Electricity Act provisions. Court rejected authorities' transfer of Rs. 23 Crores to Consumer Welfare Fund, finding it inappropriate when mechanism exists to return funds to affected consumers. Orders transferring refund to Consumer Welfare Fund quashed. Authorities directed to refund amount to petitioner within two weeks, with understanding funds would benefit consumers through regulated tariff reductions.
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