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...
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The HC dismissed the writ petition, holding that Section 74(10) requires the impugned order to be issued within the limitation period but not the subsequent DRC-07, which is a post-order electronic summary under Rule 142; deemed service under Section 169 (including electronic communication) suffices for issuance. The court recognised Section 74's extended period applies only where fraud, wilful misstatement or suppression is established and found the investigation prima facie disclosed alleged fraudulent ITC availment. The Petitioner was granted leave to file an appeal under Section 107 by 30 September 2025 with the requisite pre-deposit; if so filed timely, the Appellate Authority shall determine it on merits, not on limitation.
The HC dismissed the writ petition, holding that Section 74(10) requires the impugned order to be issued within the limitation period but not the subsequent DRC-07, which is a post-order electronic summary under Rule 142; deemed service under Section 169 (including electronic communication) suffices for issuance. The court recognised Section 74's extended period applies only where fraud, wilful misstatement or suppression is established and found the investigation prima facie disclosed alleged fraudulent ITC availment. The Petitioner was granted leave to file an appeal under Section 107 by 30 September 2025 with the requisite pre-deposit; if so filed timely, the Appellate Authority shall determine it on merits, not on limitation.
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