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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A false refund claim in an income-tax return, supported by fabricated housing-loan documents, attracted prosecution under Section 277. The evidence of the complainant and bank officer proved that the claimed loan documents were false and that no housing loan existed in the taxpayer's name. Once the false statement in the return was established, Section 278E required a presumption of culpable mental state, which was not rebutted because no defence evidence was led and the explanation to the notice was rejected. The concurrent findings were found free from legal infirmity, so the conviction, sentence, and revision dismissal were upheld.
A false refund claim in an income-tax return, supported by fabricated housing-loan documents, attracted prosecution under Section 277. The evidence of the complainant and bank officer proved that the claimed loan documents were false and that no housing loan existed in the taxpayer's name. Once the false statement in the return was established, Section 278E required a presumption of culpable mental state, which was not rebutted because no defence evidence was led and the explanation to the notice was rejected. The concurrent findings were found free from legal infirmity, so the conviction, sentence, and revision dismissal were upheld.
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