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 ...
Statutory associate-company criteria governed whether the group company required consolidation and related-party disclosures. The Tribunal majority found no prescribed voting threshold, agreement, control, or participation in business decisions; accounting standards could supplement but not override the statutory definition. Consolidation and related-party disclosure contraventions therefore failed. The majority also found the real-estate bulk-sale memoranda and underlying projects genuine, with no proof that common personnel, funding arrangements, accounting differences, or weak finances established a sham scheme, market impact, unlawful gain, or PFUTP violation. Securities-enforcement proceedings were further initiated after inordinate, unexplained delay following completed transactions. The appeals succeeded, penalties were set aside and refundable; the Presiding Officer dissented.
Statutory associate-company criteria governed whether the group company required consolidation and related-party disclosures. The Tribunal majority found no prescribed voting threshold, agreement, control, or participation in business decisions; accounting standards could supplement but not override the statutory definition. Consolidation and related-party disclosure contraventions therefore failed. The majority also found the real-estate bulk-sale memoranda and underlying projects genuine, with no proof that common personnel, funding arrangements, accounting differences, or weak finances established a sham scheme, market impact, unlawful gain, or PFUTP violation. Securities-enforcement proceedings were further initiated after inordinate, unexplained delay following completed transactions. The appeals succeeded, penalties were set aside and refundable; the Presiding Officer dissented.
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