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 record disclosed a genuine pre-existing dispute between the parties. The corporate debtor had, before the demand notice, complained of defective consignments, including rusting and non-conformity with specifications, sought replacement, and rejected the goods; the operational creditor's own emails acknowledging quality deficiency and offering compensation reinforced that the dispute was real. The tribunal held that the adjudicating authority need only see whether the dispute is a plausible contention requiring further investigation, not a patently feeble defence. It also held that issues on CFR INCOTERMS and Sale of Goods Act remedies were outside summary insolvency jurisdiction, and the rejection of the application was affirmed.
A Section 9 insolvency application was rejected because the record disclosed a genuine pre-existing dispute between the parties. The corporate debtor had, before the demand notice, complained of defective consignments, including rusting and non-conformity with specifications, sought replacement, and rejected the goods; the operational creditor's own emails acknowledging quality deficiency and offering compensation reinforced that the dispute was real. The tribunal held that the adjudicating authority need only see whether the dispute is a plausible contention requiring further investigation, not a patently feeble defence. It also held that issues on CFR INCOTERMS and Sale of Goods Act remedies were outside summary insolvency jurisdiction, and the rejection of the application was affirmed.
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