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...
The Tribunal held that the assessee's objects fell within protection of environment under section 2(15), not the residuary head of advancement of any other object of general public utility. Accordingly, the proviso to section 2(15) and the 20% commercial-receipt threshold were inapplicable, making denial of registration on that basis legally unsustainable. It further held that deduction of tax at source on receipts did not, by itself, defeat the exemption claim, that filing return in ITR-6 was explainable because the assessee was not registered at that time, and that filing under a wrong limb was only a bona fide technical error requiring verification. Registration under section 12A was accepted subject to verification of the technical objection.
The Tribunal held that the assessee's objects fell within protection of environment under section 2(15), not the residuary head of advancement of any other object of general public utility. Accordingly, the proviso to section 2(15) and the 20% commercial-receipt threshold were inapplicable, making denial of registration on that basis legally unsustainable. It further held that deduction of tax at source on receipts did not, by itself, defeat the exemption claim, that filing return in ITR-6 was explainable because the assessee was not registered at that time, and that filing under a wrong limb was only a bona fide technical error requiring verification. Registration under section 12A was accepted subject to verification of the technical objection.
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