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 ...
Tax deduction on foreign-leg Leave Travel Concession reimbursement was not treated as automatically enforceable against an employer where a binding interim judicial direction operated. Deductor liability requires examination of whether beneficiary employees were assessed and discharged their tax liability. Compliance with an interim direction placing eventual tax liability on employees cannot retrospectively create employer default after later determination of taxability. Consequently, demands for non-deduction and interest were deleted. The related penalty failed because it depended solely on the employer being treated as an assessee in default.
Tax deduction on foreign-leg Leave Travel Concession reimbursement was not treated as automatically enforceable against an employer where a binding interim judicial direction operated. Deductor liability requires examination of whether beneficiary employees were assessed and discharged their tax liability. Compliance with an interim direction placing eventual tax liability on employees cannot retrospectively create employer default after later determination of taxability. Consequently, demands for non-deduction and interest were deleted. The related penalty failed because it depended solely on the employer being treated as an assessee in default.
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