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...
Where recovery of a disputed demand was stayed under section 220(6), the High Court held that the Department could not adjust a later-year refund against that stayed demand. The adjustment was treated as illegal, arbitrary and perfunctory because the stay remained operative until disposal of the first appeal. The Court exercised writ jurisdiction to interfere and directed release of the refund computed under the intimation for the later assessment year, together with statutory interest under section 244A, within the time fixed by the Court.
Where recovery of a disputed demand was stayed under section 220(6), the High Court held that the Department could not adjust a later-year refund against that stayed demand. The adjustment was treated as illegal, arbitrary and perfunctory because the stay remained operative until disposal of the first appeal. The Court exercised writ jurisdiction to interfere and directed release of the refund computed under the intimation for the later assessment year, together with statutory interest under section 244A, within the time fixed by the Court.
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