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...
Treaty residency under the India-US DTAA turned on the tie-break test, especially the assessee's centre of vital interests. The Tribunal noted that personal ties could point to the US because the immediate family resided there, but economic ties appeared substantially rooted in India. Because critical facts on family residence, US-return income breakup, and prior-year treatment were not adequately established, the matter could not be decided on the existing record. Applying the approach in Ashok Kumar Pandey, the Tribunal required examination of the nucleus family and active commercial involvement, and remanded the case for fresh factual verification and adjudication after giving the assessee an opportunity to be heard.
Treaty residency under the India-US DTAA turned on the tie-break test, especially the assessee's centre of vital interests. The Tribunal noted that personal ties could point to the US because the immediate family resided there, but economic ties appeared substantially rooted in India. Because critical facts on family residence, US-return income breakup, and prior-year treatment were not adequately established, the matter could not be decided on the existing record. Applying the approach in Ashok Kumar Pandey, the Tribunal required examination of the nucleus family and active commercial involvement, and remanded the case for fresh factual verification and adjudication after giving the assessee an opportunity to be heard.
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