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 HC partially allowed the petition challenging GST adjudication proceedings under Section 73 following audit under Section 65 of the GST Act. The primary legal issue concerned interpretation of "plant or machinery" under Section 17(5)(d) regarding whether buildings qualify as "plant" for input tax credit restrictions. The Court quashed the impugned adjudication order dated 28.02.2025 and restored proceedings to the first respondent for fresh consideration, ensuring complete adjudication. The petitioner's deposited 10% of the demand amount was directed to be held by respondents pending conclusion of restored proceedings. The matter was remanded for proper reconsideration of the classification issue.
The HC partially allowed the petition challenging GST adjudication proceedings under Section 73 following audit under Section 65 of the GST Act. The primary legal issue concerned interpretation of "plant or machinery" under Section 17(5)(d) regarding whether buildings qualify as "plant" for input tax credit restrictions. The Court quashed the impugned adjudication order dated 28.02.2025 and restored proceedings to the first respondent for fresh consideration, ensuring complete adjudication. The petitioner's deposited 10% of the demand amount was directed to be held by respondents pending conclusion of restored proceedings. The matter was remanded for proper reconsideration of the classification issue.
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