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...
Execution and registration of the sale deeds transferred ownership rights and completed the transfer of immovable property for capital gains purposes, so short-term capital gains were taxable in AY 2014-15. Delayed receipt of consideration, dishonoured cheques, continued possession, or later disputes did not defer taxability where the registered deeds remained valid and were neither cancelled nor legally rescinded. The Tribunal upheld the addition on timing of transfer, but directed the AO to verify whether the same capital gain had already been assessed in AY 2016-17 and, if so, grant consequential relief to prevent double taxation.
Execution and registration of the sale deeds transferred ownership rights and completed the transfer of immovable property for capital gains purposes, so short-term capital gains were taxable in AY 2014-15. Delayed receipt of consideration, dishonoured cheques, continued possession, or later disputes did not defer taxability where the registered deeds remained valid and were neither cancelled nor legally rescinded. The Tribunal upheld the addition on timing of transfer, but directed the AO to verify whether the same capital gain had already been assessed in AY 2016-17 and, if so, grant consequential relief to prevent double taxation.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
