Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Constitutional challenge concerned Clause (d) proviso to Rule 5(1) of the West Bengal Excise (Change in Management) Rules, 2009: the Court found the original wording created unjustifiable intra class discrimination between private and public limited companies lacking an intelligible differentia, applied the Budhan Choudhry rational nexus test and read Clause (d) to include "change in management in the usual course of business" for private companies, preserving the exemption for death of directors. The Court also held the 2020 Notification defining "change in management" was not a retrospective clarificatory amendment and cannot alter pre existing substantive rights.
Constitutional challenge concerned Clause (d) proviso to Rule 5(1) of the West Bengal Excise (Change in Management) Rules, 2009: the Court found the original wording created unjustifiable intra class discrimination between private and public limited companies lacking an intelligible differentia, applied the Budhan Choudhry rational nexus test and read Clause (d) to include "change in management in the usual course of business" for private companies, preserving the exemption for death of directors. The Court also held the 2020 Notification defining "change in management" was not a retrospective clarificatory amendment and cannot alter pre existing substantive rights.
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