Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Internal TNMM was upheld for sale of finished goods to associated enterprises because earlier years had accepted that method, CUP was not reliably workable, and no material change or distinguishing feature was shown; the transfer pricing adjustment was deleted for both years. The adjustment for sales promotion and marketing services from associated enterprises was also deleted on the same consistency basis. Additional depreciation on replacement spares was denied because it did not create new plant and machinery, while prior period expenses were not addable to book profit; interest capitalisation to capital work in progress failed for lack of nexus, and the weighted deduction for in-house research and development was allowed without DSIR quantification for the years in question. Additional depreciation on new tanks was allowed.
Internal TNMM was upheld for sale of finished goods to associated enterprises because earlier years had accepted that method, CUP was not reliably workable, and no material change or distinguishing feature was shown; the transfer pricing adjustment was deleted for both years. The adjustment for sales promotion and marketing services from associated enterprises was also deleted on the same consistency basis. Additional depreciation on replacement spares was denied because it did not create new plant and machinery, while prior period expenses were not addable to book profit; interest capitalisation to capital work in progress failed for lack of nexus, and the weighted deduction for in-house research and development was allowed without DSIR quantification for the years in question. Additional depreciation on new tanks was allowed.
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