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 ...
A registered educational trust could not have its expenditure claim rejected solely because Form 10B was filed late and the expenditure details were not reflected in the return. The ITAT treated the lapse as procedural, held that such requirements should advance justice rather than defeat a lawful claim, and accepted that the belated audit report could be taken into account. It directed the Assessing Officer to reconsider the claim after taking Form 10B on record and after giving due opportunity in accordance with natural justice. The impugned order was set aside and the matter remanded for fresh adjudication.
A registered educational trust could not have its expenditure claim rejected solely because Form 10B was filed late and the expenditure details were not reflected in the return. The ITAT treated the lapse as procedural, held that such requirements should advance justice rather than defeat a lawful claim, and accepted that the belated audit report could be taken into account. It directed the Assessing Officer to reconsider the claim after taking Form 10B on record and after giving due opportunity in accordance with natural justice. The impugned order was set aside and the matter remanded for fresh adjudication.
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