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...
Absence of separate books for the LIC commission activity justified only an estimated deduction, and the existing disallowance was upheld because the allowed amount broadly matched the admissible estimate on gross commission. Margin shortfall charges paid to NCDEX were treated as compensatory, not as expenditure for an offence or prohibited act, so they were held allowable as business expenditure and the disallowance was deleted. An ad hoc interest disallowance on borrowed funds was also deleted because the borrowings were shown to be absorbed in business assets and receivables, no specific non-business advance was identified, and the books were not found defective.
Absence of separate books for the LIC commission activity justified only an estimated deduction, and the existing disallowance was upheld because the allowed amount broadly matched the admissible estimate on gross commission. Margin shortfall charges paid to NCDEX were treated as compensatory, not as expenditure for an offence or prohibited act, so they were held allowable as business expenditure and the disallowance was deleted. An ad hoc interest disallowance on borrowed funds was also deleted because the borrowings were shown to be absorbed in business assets and receivables, no specific non-business advance was identified, and the books were not found defective.
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