Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
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...
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Amendments to the section 50C tolerance band were treated as curative and beneficial, intended to reduce hardship from minor differences between declared sale consideration and stamp duty value. Applying the retrospective benefit, the Tribunal held that where the stamp duty value did not exceed 110% of the actual consideration, the deeming fiction under section 50C could not substitute the declared price. The actual sale consideration was therefore accepted for capital gains computation and the addition was deleted.
Amendments to the section 50C tolerance band were treated as curative and beneficial, intended to reduce hardship from minor differences between declared sale consideration and stamp duty value. Applying the retrospective benefit, the Tribunal held that where the stamp duty value did not exceed 110% of the actual consideration, the deeming fiction under section 50C could not substitute the declared price. The actual sale consideration was therefore accepted for capital gains computation and the addition was deleted.
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