Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
Issue concerns smuggling allegations of gold, applicability of statutory specified area designation, and the burden of proof on revenue to establish foreign origin. The tribunal found absence of foreign markings, recovery outside customs or specified areas, and documentary records of lawful possession including tax returns and auditor certificate, which were not impugned by the revenue; on that evidentiary basis the revenue failed to produce positive evidence of foreign origin. The analysis addressed provisional release, seizure and confiscation of conveyance and accessories, and comparative purity as factual indicators of origin.
Issue concerns smuggling allegations of gold, applicability of statutory specified area designation, and the burden of proof on revenue to establish foreign origin. The tribunal found absence of foreign markings, recovery outside customs or specified areas, and documentary records of lawful possession including tax returns and auditor certificate, which were not impugned by the revenue; on that evidentiary basis the revenue failed to produce positive evidence of foreign origin. The analysis addressed provisional release, seizure and confiscation of conveyance and accessories, and comparative purity as factual indicators of origin.
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