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 ...
Material seized from a company director who managed its day-to-day affairs and was searched simultaneously could be used for the company's assessment under section 153A; separate proceedings under section 153C were unnecessary. The Tribunal found the consolidated section 153D approval for four assessment years mechanical because it showed no year-wise application of mind, quashing the assessments. For unabated years, the consistently accepted Project Completion Method could not be replaced by the Percentage Completion Method without relevant seized material, rejection of accounts under section 145(3), or a cogent factual basis; the resulting additions were deleted. Additions for both receipts and payments reflected in the same seized papers were also deleted as double taxation of income already offered and accepted.
Material seized from a company director who managed its day-to-day affairs and was searched simultaneously could be used for the company's assessment under section 153A; separate proceedings under section 153C were unnecessary. The Tribunal found the consolidated section 153D approval for four assessment years mechanical because it showed no year-wise application of mind, quashing the assessments. For unabated years, the consistently accepted Project Completion Method could not be replaced by the Percentage Completion Method without relevant seized material, rejection of accounts under section 145(3), or a cogent factual basis; the resulting additions were deleted. Additions for both receipts and payments reflected in the same seized papers were also deleted as double taxation of income already offered and accepted.
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