Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
Royalty expenditure and subcontract expenditure were both restored to the Assessing Officer for fresh examination because the existing record did not conclusively establish the contractual basis, the nature of royalty deduction from running bills, or the genuineness of the joint venture arrangement and subcontracting arrangement. The Tribunal required reconsideration of the royalty claim on the basis of the contract terms and material already filed, and directed verification of the subcontract disallowance with reference to TDS compliance, the joint venture agreement, and execution of work under the PWD tender. Since the quantum additions were set aside for de novo assessment, the consequential penalty under section 270A was also left open for fresh consideration in the reassessment proceedings.
Royalty expenditure and subcontract expenditure were both restored to the Assessing Officer for fresh examination because the existing record did not conclusively establish the contractual basis, the nature of royalty deduction from running bills, or the genuineness of the joint venture arrangement and subcontracting arrangement. The Tribunal required reconsideration of the royalty claim on the basis of the contract terms and material already filed, and directed verification of the subcontract disallowance with reference to TDS compliance, the joint venture agreement, and execution of work under the PWD tender. Since the quantum additions were set aside for de novo assessment, the consequential penalty under section 270A was also left open for fresh consideration in the reassessment proceedings.
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