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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Selective revaluation noted by the auditor did not by itself disqualify certified accounts for MAT purposes or justify excluding depreciation on the revaluation component from book profit. The High Court held that once the accounts complied with the Companies Act and were certified under the statutory audit framework, the Assessing Officer could not go behind the book profit except to the limited extent permitted under the MAT provisions. The Tribunal erred in treating the auditor's qualification note as undermining the true and fair view of the accounts; the assessee succeeded and the CIT(A)'s order was restored.
Selective revaluation noted by the auditor did not by itself disqualify certified accounts for MAT purposes or justify excluding depreciation on the revaluation component from book profit. The High Court held that once the accounts complied with the Companies Act and were certified under the statutory audit framework, the Assessing Officer could not go behind the book profit except to the limited extent permitted under the MAT provisions. The Tribunal erred in treating the auditor's qualification note as undermining the true and fair view of the accounts; the assessee succeeded and the CIT(A)'s order was restored.
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