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...
A Section 9 insolvency application was rejected because the wage claim was subject to a bona fide pre-existing dispute over entitlement and quantification. The Appellate Tribunal held that non-response to the Section 8 demand notice did not stop the corporate debtor from showing, before the Adjudicating Authority, that disputes had already arisen. Pending labour proceedings and earlier High Court litigation showed that the basis and extent of the dues had not been finally settled. Applying Mobilox, the Tribunal found a plausible dispute, not a spurious one, so the operational debt was not undisputed and insolvency could not be used as a recovery mechanism.
A Section 9 insolvency application was rejected because the wage claim was subject to a bona fide pre-existing dispute over entitlement and quantification. The Appellate Tribunal held that non-response to the Section 8 demand notice did not stop the corporate debtor from showing, before the Adjudicating Authority, that disputes had already arisen. Pending labour proceedings and earlier High Court litigation showed that the basis and extent of the dues had not been finally settled. Applying Mobilox, the Tribunal found a plausible dispute, not a spurious one, so the operational debt was not undisputed and insolvency could not be used as a recovery mechanism.
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