Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
The Tribunal held that a Commissioner (Appeals) may enhance an assessment only in respect of matters or sources of income expressly or by clear implication considered by the Assessing Officer. A separate alleged commission income for facilitating accommodation entries was a new source, because the assessment had only made a protective addition on the entry itself and had not examined any commission income. That new source could not be introduced through appellate enhancement and, if otherwise sustainable, had to be pursued through separate statutory proceedings for escaped or erroneous assessment. The enhancement was deleted and the assessee's appeal was allowed.
The Tribunal held that a Commissioner (Appeals) may enhance an assessment only in respect of matters or sources of income expressly or by clear implication considered by the Assessing Officer. A separate alleged commission income for facilitating accommodation entries was a new source, because the assessment had only made a protective addition on the entry itself and had not examined any commission income. That new source could not be introduced through appellate enhancement and, if otherwise sustainable, had to be pursued through separate statutory proceedings for escaped or erroneous assessment. The enhancement was deleted and the assessee's appeal was allowed.
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