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...
Compliance with Dispute Resolution Panel directions under section 144C is mandatory when issuing the final assessment order. The text explains that where the Transfer Pricing Officer has given effect to those directions within the applicable limitation period, the Assessing Officer cannot issue a final order repeating the draft assessment position without incorporating them. A corrigendum issued after limitation cannot retrospectively cure that statutory defect or supply required findings, and is beyond jurisdiction. The described Tribunal decision therefore quashed the defective final assessment order, while leaving other grounds open.
Compliance with Dispute Resolution Panel directions under section 144C is mandatory when issuing the final assessment order. The text explains that where the Transfer Pricing Officer has given effect to those directions within the applicable limitation period, the Assessing Officer cannot issue a final order repeating the draft assessment position without incorporating them. A corrigendum issued after limitation cannot retrospectively cure that statutory defect or supply required findings, and is beyond jurisdiction. The described Tribunal decision therefore quashed the defective final assessment order, while leaving other grounds open.
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