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...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Replacement expenditure on machinery could not be treated as current repairs merely because the Tribunal relied on a precedent later reversed by the Supreme Court. In a textile mill, each machine is an independent asset, so replacement does not automatically amount to preservation or maintenance of a single composite machine. The assessee had to satisfy the Supreme Court's test for current repairs, including the principles in Mahalakshmi Textile Mills, but the Tribunal had not undertaken that examination. The issue whether the expenditure was revenue or capital was therefore remitted to the appellate authority for fresh adjudication after allowing the assessee to place the necessary material.
Replacement expenditure on machinery could not be treated as current repairs merely because the Tribunal relied on a precedent later reversed by the Supreme Court. In a textile mill, each machine is an independent asset, so replacement does not automatically amount to preservation or maintenance of a single composite machine. The assessee had to satisfy the Supreme Court's test for current repairs, including the principles in Mahalakshmi Textile Mills, but the Tribunal had not undertaken that examination. The issue whether the expenditure was revenue or capital was therefore remitted to the appellate authority for fresh adjudication after allowing the assessee to place the necessary material.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
