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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
Appellate authorities may entertain a fresh deduction claim even if no revised return was filed, so long as the material needed to examine the claim is already on record; the restriction on fresh claims applies to the Assessing Officer, not to appellate jurisdiction. Here, the assessee had disclosed that commission expenditure was being deferred for claim on payment, and the Assessing Officer did not reject the claim for want of a revised return. After remand, the Assessing Officer was required to verify the quantum and nature of the commission services but failed to do so despite the details being furnished. The Tribunal also relied on acceptance of similar expenditure in other years, and the High Court held that no substantial question of law arose.
Appellate authorities may entertain a fresh deduction claim even if no revised return was filed, so long as the material needed to examine the claim is already on record; the restriction on fresh claims applies to the Assessing Officer, not to appellate jurisdiction. Here, the assessee had disclosed that commission expenditure was being deferred for claim on payment, and the Assessing Officer did not reject the claim for want of a revised return. After remand, the Assessing Officer was required to verify the quantum and nature of the commission services but failed to do so despite the details being furnished. The Tribunal also relied on acceptance of similar expenditure in other years, and the High Court held that no substantial question of law arose.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4792
Join Channel
TaxTMI 
