Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
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In a charitable institution's assessment, the Tribunal held that application of current-year income and accumulated funds, as separately disclosed in the return and Form 10B and verified in scrutiny, could not be disallowed on a supposed mismatch; once the Assessing Officer recorded that there was no difference between the two, the earlier prima facie adjustment under section 143(1) had no surviving basis and the claim was allowed in full. It also held that no fresh claim was being raised on appeal, so Goetze (India) was inapplicable. The final computation wrongly duplicated the same income components, inflating the taxable base; tax under section 115BBI and interest under sections 234B and 234C were consequential and had to be recomputed. The appeal was allowed.
In a charitable institution's assessment, the Tribunal held that application of current-year income and accumulated funds, as separately disclosed in the return and Form 10B and verified in scrutiny, could not be disallowed on a supposed mismatch; once the Assessing Officer recorded that there was no difference between the two, the earlier prima facie adjustment under section 143(1) had no surviving basis and the claim was allowed in full. It also held that no fresh claim was being raised on appeal, so Goetze (India) was inapplicable. The final computation wrongly duplicated the same income components, inflating the taxable base; tax under section 115BBI and interest under sections 234B and 234C were consequential and had to be recomputed. The appeal was allowed.
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