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...
The AT affirmed the provisional attachment of agricultural lands and bank accounts as benami transactions. The tribunal found that the properties were transferred to and held by alleged benamidars, with consideration provided by the beneficial owner. The transaction met key definitional requirements: property transferred/held by another, consideration paid by the beneficial owner, and property indirectly benefiting the person providing consideration. The tribunal rejected arguments of fiduciary exceptions, noting the beneficial owner's tight control over transactions through original documents, powers of attorney, and financial records. Consequently, the AT dismissed the appeals and confirmed the attachment under the Prohibition of Benami Property Transactions Act.
The AT affirmed the provisional attachment of agricultural lands and bank accounts as benami transactions. The tribunal found that the properties were transferred to and held by alleged benamidars, with consideration provided by the beneficial owner. The transaction met key definitional requirements: property transferred/held by another, consideration paid by the beneficial owner, and property indirectly benefiting the person providing consideration. The tribunal rejected arguments of fiduciary exceptions, noting the beneficial owner's tight control over transactions through original documents, powers of attorney, and financial records. Consequently, the AT dismissed the appeals and confirmed the attachment under the Prohibition of Benami Property Transactions Act.
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