Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Deduction under section 54F is described as available where an assessee purchases a qualifying residential property from a spouse or other relative, provided the transaction is legally valid and genuine. The notes state that tax benefit alone does not make an intra-family transaction a colourable device, and deduction cannot be denied on suspicion without material establishing a legal flaw. They further state that a spouse's later set-off of capital gains against business losses could not have been anticipated when the property transaction occurred and therefore did not justify denial. On this reasoning, the stated conclusion is that the section 54F disallowance was deleted and the appeal allowed.
Deduction under section 54F is described as available where an assessee purchases a qualifying residential property from a spouse or other relative, provided the transaction is legally valid and genuine. The notes state that tax benefit alone does not make an intra-family transaction a colourable device, and deduction cannot be denied on suspicion without material establishing a legal flaw. They further state that a spouse's later set-off of capital gains against business losses could not have been anticipated when the property transaction occurred and therefore did not justify denial. On this reasoning, the stated conclusion is that the section 54F disallowance was deleted and the appeal allowed.
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