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...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Where the assessee consistently followed the exclusive method of accounting, GST, sales tax and service tax refunds not routed through the profit and loss account could not be taxed as remission of liability under section 41(1) or as business income under section 28(i); the Tribunal held that the precondition for such addition was not satisfied and deleted the refunds additions for both years. The Tribunal also held that the same margin on stock converted into capital assets, already offered in the return and included in business income, could not be added again at the processing stage under section 143(1), as this would amount to double taxation. Interest under sections 234B and 234C was treated as consequential and directed to be recomputed.
Where the assessee consistently followed the exclusive method of accounting, GST, sales tax and service tax refunds not routed through the profit and loss account could not be taxed as remission of liability under section 41(1) or as business income under section 28(i); the Tribunal held that the precondition for such addition was not satisfied and deleted the refunds additions for both years. The Tribunal also held that the same margin on stock converted into capital assets, already offered in the return and included in business income, could not be added again at the processing stage under section 143(1), as this would amount to double taxation. Interest under sections 234B and 234C was treated as consequential and directed to be recomputed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4813 
Join Channel 
