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...
Benami proceedings involving a fictitious-name transaction turn on cumulative evidence rather than the supplier's failure to file tax returns alone. The alleged supplier's absence from its stated address, unserved notices, inconsistent GST business description, untraceable bank account, and lack of credible proof of supply, delivery, payment, or accounting were identified as sufficient to discharge the initial burden; the appellants did not rebut it. The transaction was therefore treated as benami under Section 2(9)(B). In a fictitious transaction, the routed amount may be regarded as returning to the beneficial owner, permitting attachment in that owner's account rather than requiring attachment only from a benamidar. The provisional attachment and related findings were upheld.
Benami proceedings involving a fictitious-name transaction turn on cumulative evidence rather than the supplier's failure to file tax returns alone. The alleged supplier's absence from its stated address, unserved notices, inconsistent GST business description, untraceable bank account, and lack of credible proof of supply, delivery, payment, or accounting were identified as sufficient to discharge the initial burden; the appellants did not rebut it. The transaction was therefore treated as benami under Section 2(9)(B). In a fictitious transaction, the routed amount may be regarded as returning to the beneficial owner, permitting attachment in that owner's account rather than requiring attachment only from a benamidar. The provisional attachment and related findings were upheld.
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