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 an assessing authority relies on disputed information to complete assessment, all material in the Department's possession must first be disclosed to the assessee. The High Court held that incomplete invoice-wise CBIC data could not justify an adverse assessment, and no adverse presumption could be drawn from material that was not complete or fully shared unless corroborated by other evidence. Because the assessment proceeded without full disclosure of the departmental record, the order was vitiated for breach of natural justice. The final assessment order was set aside and the matter was remitted for fresh assessment after disclosure of the material and grant of proper opportunity to the assessee.
Where an assessing authority relies on disputed information to complete assessment, all material in the Department's possession must first be disclosed to the assessee. The High Court held that incomplete invoice-wise CBIC data could not justify an adverse assessment, and no adverse presumption could be drawn from material that was not complete or fully shared unless corroborated by other evidence. Because the assessment proceeded without full disclosure of the departmental record, the order was vitiated for breach of natural justice. The final assessment order was set aside and the matter was remitted for fresh assessment after disclosure of the material and grant of proper opportunity to the assessee.
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