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...
Vicarious criminal liability under sections 276CC and 278B cannot be fastened on a former director who had resigned before the company's default period for non-filing of return arose. Form 32 and company master data showed that the director had ceased to hold office before the relevant assessment-year default, so the foundational requirement for prosecution was absent. The court therefore found no attributable offence against him, rejected reliance on compounding guidelines, and quashed the process and revisional order only as to that person while the prosecution continued against the remaining accused.
Vicarious criminal liability under sections 276CC and 278B cannot be fastened on a former director who had resigned before the company's default period for non-filing of return arose. Form 32 and company master data showed that the director had ceased to hold office before the relevant assessment-year default, so the foundational requirement for prosecution was absent. The court therefore found no attributable offence against him, rejected reliance on compounding guidelines, and quashed the process and revisional order only as to that person while the prosecution continued against the remaining accused.
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