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...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Non-service of demand orders and prolonged departmental inaction can negate a valid assumption that an assessee was duly served and in default under section 220(1). The Court found the Department's claim of service by e-mail unpersuasive because the record did not satisfactorily establish service, and the long lapse of time was inconsistent with the demands having remained uncontested if they had truly been received. The action under section 220 was quashed, while the assessee was left free to seek copies of the relevant documents and pursue objections, rectification or appeal, and the Department was permitted to proceed afresh in accordance with law.
Non-service of demand orders and prolonged departmental inaction can negate a valid assumption that an assessee was duly served and in default under section 220(1). The Court found the Department's claim of service by e-mail unpersuasive because the record did not satisfactorily establish service, and the long lapse of time was inconsistent with the demands having remained uncontested if they had truly been received. The action under section 220 was quashed, while the assessee was left free to seek copies of the relevant documents and pursue objections, rectification or appeal, and the Department was permitted to proceed afresh in accordance with law.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
