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...
Penalty for failure to obtain a tax audit applies where existing books of account are not audited; it does not apply merely because books were not maintained or produced. Failure to maintain books and failure to obtain an audit are distinct defaults with separate consequences. Where turnover and profit are estimated from bank deposits because no books are available, estimated turnover or bank statements cannot substitute for books of account capable of audit. On these facts, the penalty for non-audit was unsustainable and was deleted.
Penalty for failure to obtain a tax audit applies where existing books of account are not audited; it does not apply merely because books were not maintained or produced. Failure to maintain books and failure to obtain an audit are distinct defaults with separate consequences. Where turnover and profit are estimated from bank deposits because no books are available, estimated turnover or bank statements cannot substitute for books of account capable of audit. On these facts, the penalty for non-audit was unsustainable and was deleted.
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