Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
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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