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...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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Where alleged bogus purchases are not supported by proof of actual goods movement, but the books, sales and disclosed profits remain accepted, only the profit element embedded in those purchases may be disallowed rather than their full value. The High Court upheld the Tribunal's factual estimate of a 10 per cent disallowance, finding no legal infirmity. On reassessment, a notice under section 148A(b) need not supply every item of material held by the Assessing Officer; the prescribed reopening procedure was found to have been followed. The challenges to both the disallowance restriction and reassessment were rejected, and both cross-appeals were dismissed.
Where alleged bogus purchases are not supported by proof of actual goods movement, but the books, sales and disclosed profits remain accepted, only the profit element embedded in those purchases may be disallowed rather than their full value. The High Court upheld the Tribunal's factual estimate of a 10 per cent disallowance, finding no legal infirmity. On reassessment, a notice under section 148A(b) need not supply every item of material held by the Assessing Officer; the prescribed reopening procedure was found to have been followed. The challenges to both the disallowance restriction and reassessment were rejected, and both cross-appeals were dismissed.
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