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...
Limitation for assessment under the amended timeline was upheld: the substituted second proviso to section 153(1) extended the time for passing the assessment order for AY 2020-21 to 30.09.2022, so an order dated 28.09.2022 was within time. In faceless assessment, service of a draft assessment order was held necessary only for an eligible assessee; for an ordinary assessee, disclosure through a show-cause notice satisfied the statute. The objection of denial of personal hearing failed because the notice permitted a video-conference hearing and no request was made. Merits-based objections involving disputed facts were left to the statutory appellate forum, and the writ petitions were dismissed with protection on limitation for appeals.
Limitation for assessment under the amended timeline was upheld: the substituted second proviso to section 153(1) extended the time for passing the assessment order for AY 2020-21 to 30.09.2022, so an order dated 28.09.2022 was within time. In faceless assessment, service of a draft assessment order was held necessary only for an eligible assessee; for an ordinary assessee, disclosure through a show-cause notice satisfied the statute. The objection of denial of personal hearing failed because the notice permitted a video-conference hearing and no request was made. Merits-based objections involving disputed facts were left to the statutory appellate forum, and the writ petitions were dismissed with protection on limitation for appeals.
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