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 seized diary and pen-drive material belonged to a third party, the rebuttable presumptions under sections 132(4A) and 292C did not apply against the assessee, so the Revenue had to produce independent corroborative evidence of actual cash receipts. As the loose sheets were not in the assessee's handwriting or signed by it, nothing was found from its premises, and the third party's retracted employee statements were not conclusive, the alleged cash receipts and the resulting profit estimation were deleted. On the alleged on-money entry, the Tribunal found no nexus between the seized material and any cash payment, and held the inference to be mere guesswork; that addition was also deleted.
Where seized diary and pen-drive material belonged to a third party, the rebuttable presumptions under sections 132(4A) and 292C did not apply against the assessee, so the Revenue had to produce independent corroborative evidence of actual cash receipts. As the loose sheets were not in the assessee's handwriting or signed by it, nothing was found from its premises, and the third party's retracted employee statements were not conclusive, the alleged cash receipts and the resulting profit estimation were deleted. On the alleged on-money entry, the Tribunal found no nexus between the seized material and any cash payment, and held the inference to be mere guesswork; that addition was also deleted.
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