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 ...
Jurisdiction - powers of AO to re-assess the escape turnover - Power of suo moto revision. - The High court found that the respondent No. 3 (Additional Commissioner of Taxes) exceeded his jurisdiction by revising the assessment orders without conclusively determining that the original orders were erroneous and prejudicial to the interests of revenue based on existing records. - The court also noted the anomaly where the revision under Section 20 of the Nagaland Act also covered aspects under the Central Sales Tax Act, 1956, which was beyond the jurisdiction of the respondent No. 3 under the said Section. - Revision orders quashed.
Jurisdiction - powers of AO to re-assess the escape turnover - Power of suo moto revision. - The High court found that the respondent No. 3 (Additional Commissioner of Taxes) exceeded his jurisdiction by revising the assessment orders without conclusively determining that the original orders were erroneous and prejudicial to the interests of revenue based on existing records. - The court also noted the anomaly where the revision under Section 20 of the Nagaland Act also covered aspects under the Central Sales Tax Act, 1956, which was beyond the jurisdiction of the respondent No. 3 under the said Section. - Revision orders quashed.
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