Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
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Share premium received on a fresh issue of equity shares to a non-resident shareholder is treated as a capital-account receipt rather than taxable income, unless another charging provision applies. The limited statutory rule taxing excess premium over fair market value is identified as applying to premiums received from residents. Reassessment based on an alleged sale of shares is unsustainable where the record instead shows a fresh allotment. Introducing an uncommunicated objection to the genuineness of the issue without allowing a response breaches natural justice, particularly where no fresh tangible material supports the shift. CBDT instructions governing capital-account share premium bind field officers.
Share premium received on a fresh issue of equity shares to a non-resident shareholder is treated as a capital-account receipt rather than taxable income, unless another charging provision applies. The limited statutory rule taxing excess premium over fair market value is identified as applying to premiums received from residents. Reassessment based on an alleged sale of shares is unsustainable where the record instead shows a fresh allotment. Introducing an uncommunicated objection to the genuineness of the issue without allowing a response breaches natural justice, particularly where no fresh tangible material supports the shift. CBDT instructions governing capital-account share premium bind field officers.
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