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 ...
Revision of an assessment is warranted where the Assessing Officer fails to apply the statutory deeming provisions to additions for undisclosed investment and unexplained cash, omits the applicable special tax rate, and does not consider penalty proceedings. An order is erroneous when based on incorrect facts or law, made without due application of mind, or contrary to natural justice. It is prejudicial to revenue where lawful tax is not realised. The revisional authority may set aside such an assessment, direct further inquiry, and require reassessment under the correct provisions after providing an opportunity of being heard.
Revision of an assessment is warranted where the Assessing Officer fails to apply the statutory deeming provisions to additions for undisclosed investment and unexplained cash, omits the applicable special tax rate, and does not consider penalty proceedings. An order is erroneous when based on incorrect facts or law, made without due application of mind, or contrary to natural justice. It is prejudicial to revenue where lawful tax is not realised. The revisional authority may set aside such an assessment, direct further inquiry, and require reassessment under the correct provisions after providing an opportunity of being heard.
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