Permanent establishment tests: independent subsidiary premises and principal-to-principal dealings did not create Indian taxability for offshore suppl...
Valuation Officer estimates govern property-value additions once statutory valuation is invoked, requiring fresh consideration of objections and compa...
Waiver of written show-cause notice may prevent a later procedural challenge after participation in customs adjudication, preserving statutory appella...
Retrospective invalidity of ocean-freight IGST supports refunds despite non-party status and prior credit utilisation, subject to authorised appeal gr...
Additional evidence in departmental appeals may include show-cause-notice material without introducing a new case where it merely corroborates existin...
Reasoned rectification orders require consideration of expenditure disclosed in income-tax returns, preventing revision based on incomplete income com...
Modified returns after business reorganisations cannot trigger fresh scrutiny once the original assessment was complete, invalidating related transfer...
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Tax treatment of payments under restructuring or voluntary-retirement schemes depends on their statutory substance rather than labels such as VRS or ex gratia. Retrenchment-linked compensation under a Central Government-approved special-protection scheme may fall within section 10(10B), rather than the limited section 10(10C) regime and Rule 2BA conditions. Leave encashment is a distinct terminal receipt governed by section 10(10AA): Government employees receive full coverage, while other employees are subject to earned-leave, salary, aggregation and notified-limit conditions. Notification No. 31/2023 specifies a twenty-five-lakh limit for non-Government employees, effective from 1 April 2023. Settlement components and supporting records should be separately identified.
Tax treatment of payments under restructuring or voluntary-retirement schemes depends on their statutory substance rather than labels such as VRS or ex gratia. Retrenchment-linked compensation under a Central Government-approved special-protection scheme may fall within section 10(10B), rather than the limited section 10(10C) regime and Rule 2BA conditions. Leave encashment is a distinct terminal receipt governed by section 10(10AA): Government employees receive full coverage, while other employees are subject to earned-leave, salary, aggregation and notified-limit conditions. Notification No. 31/2023 specifies a twenty-five-lakh limit for non-Government employees, effective from 1 April 2023. Settlement components and supporting records should be separately identified.
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