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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
TDS credit must be considered where tax was actually deducted from a deductee's income or payment but was not remitted by the deductor. The statutory bar on recovering such tax from the deductee operates once actual deduction is established, preventing double recovery while permitting action against the defaulting deductor. Absence of Form 16, Form 16A or Form 26AS is not conclusive where the deductor has failed to deposit or report TDS. Deductees may rely on cogent evidence, including salary slips, bank records, invoices, payment advices, ledgers, correspondence or insolvency claims. Prima facie claims require factual verification rather than mechanical rejection, with related demands kept in abeyance pending determination.
TDS credit must be considered where tax was actually deducted from a deductee's income or payment but was not remitted by the deductor. The statutory bar on recovering such tax from the deductee operates once actual deduction is established, preventing double recovery while permitting action against the defaulting deductor. Absence of Form 16, Form 16A or Form 26AS is not conclusive where the deductor has failed to deposit or report TDS. Deductees may rely on cogent evidence, including salary slips, bank records, invoices, payment advices, ledgers, correspondence or insolvency claims. Prima facie claims require factual verification rather than mechanical rejection, with related demands kept in abeyance pending determination.
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