Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
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The primary issue is classification of expenditure on railway track, conveyor belt and ventilation ducting as revenue or capital. The tribunal applied the enduring-benefit test: if expenditure creates an enduring asset for the business's permanent profit-earning apparatus it is capital; if it facilitates current contract operations and yields only temporary utility it is revenue. Applying this test, the tribunal found the site-specific railway siding, conveyor system and ventilation ducting were temporary, removable or functionally limited to the contract and did not enhance core capacity; accordingly the expenditure was revenue in nature and the appellant's appeal was allowed.
The primary issue is classification of expenditure on railway track, conveyor belt and ventilation ducting as revenue or capital. The tribunal applied the enduring-benefit test: if expenditure creates an enduring asset for the business's permanent profit-earning apparatus it is capital; if it facilitates current contract operations and yields only temporary utility it is revenue. Applying this test, the tribunal found the site-specific railway siding, conveyor system and ventilation ducting were temporary, removable or functionally limited to the contract and did not enhance core capacity; accordingly the expenditure was revenue in nature and the appellant's appeal was allowed.
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