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...
An alleged breach of natural justice was rejected because the Adjudicating Authority had only permitted a short note on maintainability at the first listing and had not called for a full reply to the Section 9 application. On the merits, the Tribunal held that the reply and rejoinder disclosed a plausible pre-existing dispute over reconciliation and settlement of contractual dues, including assertions that dues stood paid or adjusted, credit notes were issued, and nothing further remained payable. Applying Mobilox and Sabarmati Gas, it held that Section 9 cannot be used to resolve such contractual controversies and upheld rejection of the insolvency application.
An alleged breach of natural justice was rejected because the Adjudicating Authority had only permitted a short note on maintainability at the first listing and had not called for a full reply to the Section 9 application. On the merits, the Tribunal held that the reply and rejoinder disclosed a plausible pre-existing dispute over reconciliation and settlement of contractual dues, including assertions that dues stood paid or adjusted, credit notes were issued, and nothing further remained payable. Applying Mobilox and Sabarmati Gas, it held that Section 9 cannot be used to resolve such contractual controversies and upheld rejection of the insolvency application.
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