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...
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Unauthorised supervisory approval in a section 143(3) assessment following survey proceedings is not supported by statute, as section 133A does not require prior approval from a superior authority. The notes state that an Assessing Officer who consults or seeks such approval abdicates independent quasi-judicial discretion, vitiating the assessment. Applying this principle, the assessment was quashed and the remaining grounds were treated as academic.
Unauthorised supervisory approval in a section 143(3) assessment following survey proceedings is not supported by statute, as section 133A does not require prior approval from a superior authority. The notes state that an Assessing Officer who consults or seeks such approval abdicates independent quasi-judicial discretion, vitiating the assessment. Applying this principle, the assessment was quashed and the remaining grounds were treated as academic.
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