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 HC allowed the petition and quashed the impugned orders dated 30.04.2019 and 22.02.2018 issued under Section 129(3) of the GST Act. The court held that the vehicle (Reg. No. UP80CT-3246) is properly classified as an open-body truck per the Registration Certificate, a fact not disputed by the State, and therefore could not be treated as a light commercial vehicle as the Appellate Authority retrospectively asserted without supporting material or any clarification from the Transport Department. The record disclosed a discrepancy in the invoiced quantity but no finding of tax-evasion or culpable intent by the authorities below; accordingly the enforcement orders were held unsustainable in law.
The HC allowed the petition and quashed the impugned orders dated 30.04.2019 and 22.02.2018 issued under Section 129(3) of the GST Act. The court held that the vehicle (Reg. No. UP80CT-3246) is properly classified as an open-body truck per the Registration Certificate, a fact not disputed by the State, and therefore could not be treated as a light commercial vehicle as the Appellate Authority retrospectively asserted without supporting material or any clarification from the Transport Department. The record disclosed a discrepancy in the invoiced quantity but no finding of tax-evasion or culpable intent by the authorities below; accordingly the enforcement orders were held unsustainable in law.
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