Administrative fraud classification suspension does not halt independent criminal investigation or warrant-based searches into alleged economic offenc...
Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Section 56(2)(ix) applies only when both statutory conditions coexist: a sum is received as an advance during negotiations for transfer of a capital asset, and the sum is subsequently forfeited because the transfer does not occur. Advances provided for locating, procuring and acquiring land for business projects were characterised as relating to stock-in-trade, rather than a capital asset, and therefore fell outside the provision. Mere lapse of time and absence of a refund claim did not establish forfeiture, particularly where the amounts remained recorded as liabilities and were confirmed by the payers. The addition was consequently deleted, and the Revenue's appeal was dismissed.
Section 56(2)(ix) applies only when both statutory conditions coexist: a sum is received as an advance during negotiations for transfer of a capital asset, and the sum is subsequently forfeited because the transfer does not occur. Advances provided for locating, procuring and acquiring land for business projects were characterised as relating to stock-in-trade, rather than a capital asset, and therefore fell outside the provision. Mere lapse of time and absence of a refund claim did not establish forfeiture, particularly where the amounts remained recorded as liabilities and were confirmed by the payers. The addition was consequently deleted, and the Revenue's appeal was dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4788
Join Channel
TaxTMI 
