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...
Developer directed to refund apartment booking amount exceeding 10% of Basic Sale Price (BSP) without interest to purchaser following cancellation. SC upheld NCDRC's determination that 10% BSP constitutes reasonable earnest money forfeiture, finding original agreement terms unconscionable and one-sided. Court applied precedent requiring clear, explicit contract terms to justify earnest money forfeiture, distinguishing between earnest money deposits and consideration payments. Ruling emphasized that unfair contract terms between parties with unequal bargaining power are unenforceable under Article 14. While forfeiture of reasonable earnest money falls outside Section 74 of Contract Act, penalty-nature forfeitures remain subject to statutory limitations. Appeal partially allowed, modifying interest component while maintaining principal forfeiture limit.
Developer directed to refund apartment booking amount exceeding 10% of Basic Sale Price (BSP) without interest to purchaser following cancellation. SC upheld NCDRC's determination that 10% BSP constitutes reasonable earnest money forfeiture, finding original agreement terms unconscionable and one-sided. Court applied precedent requiring clear, explicit contract terms to justify earnest money forfeiture, distinguishing between earnest money deposits and consideration payments. Ruling emphasized that unfair contract terms between parties with unequal bargaining power are unenforceable under Article 14. While forfeiture of reasonable earnest money falls outside Section 74 of Contract Act, penalty-nature forfeitures remain subject to statutory limitations. Appeal partially allowed, modifying interest component while maintaining principal forfeiture limit.
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