“Section 95(2)”
The decision most relied on for Section 95(2) is Commissioner of Customs v. Dilip Kumar & Co. (95 Taxmann.com 327), cited in 114 judgments on BharatTax.
Leading authorities on Section 95(2)
Exemption provisions and notifications must be interpreted strictly, and the burden of proving applicability lies with the assessee. If there is an ambiguity in an exemption clause, its benefit cannot be claimed by the assessee and must be interpreted in favour of the Revenue.
A notice is presumed to have been properly served if it is not returned as unserved, and objections regarding non-service are not acceptable in such cases.
For expenditure to be deductible, its reasonableness must be judged from the businessman's perspective, not the revenue's, considering commercial expediency.
The Income Tax Appellate Tribunal has broad discretion to admit or reject documents at the appellate stage. This discretion must be exercised judiciously, and if documents are relevant to the issue at hand, the Tribunal can admit them, consider them, or remit the matter to lower authorities.