Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
Indexed cost of construction and land was allowed in capital gains computation where the registered sale deed and its annexure already contained the relevant building particulars. The tribunal held that the annexure formed an integral part of the public document, so those details were not "additional evidence" requiring Rule 46A compliance. It further held that indexation under section 48 is a statutory consequence and cannot be denied on hyper-technical grounds when the material necessary to determine cost is already on record. The capital gains were therefore required to be recomputed, and treating the entire sale consideration as short-term capital gain was unsustainable.
Indexed cost of construction and land was allowed in capital gains computation where the registered sale deed and its annexure already contained the relevant building particulars. The tribunal held that the annexure formed an integral part of the public document, so those details were not "additional evidence" requiring Rule 46A compliance. It further held that indexation under section 48 is a statutory consequence and cannot be denied on hyper-technical grounds when the material necessary to determine cost is already on record. The capital gains were therefore required to be recomputed, and treating the entire sale consideration as short-term capital gain was unsustainable.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4827 
Join Channel 
