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 ...
Framing of charges - Owning of assets disproportionate to known sources of income - Prevention of Corruption Act, 1988 - Case against the Additional Chief Architect in New Delhi Municipal Corporation - The Supreme Court held that findings in income tax proceedings, including those by the ITAT, do not have a direct bearing on criminal proceedings under the Prevention of Corruption Act. It stressed that the two processes serve different legal purposes and operate under distinct standards of proof. - The Court clarified that exoneration in a civil adjudication (like income tax proceedings) does not automatically negate the possibility of criminal liability under different statutes, emphasizing the independent nature of criminal proceedings concerning the alleged acquisition of disproportionate assets.
Framing of charges - Owning of assets disproportionate to known sources of income - Prevention of Corruption Act, 1988 - Case against the Additional Chief Architect in New Delhi Municipal Corporation - The Supreme Court held that findings in income tax proceedings, including those by the ITAT, do not have a direct bearing on criminal proceedings under the Prevention of Corruption Act. It stressed that the two processes serve different legal purposes and operate under distinct standards of proof. - The Court clarified that exoneration in a civil adjudication (like income tax proceedings) does not automatically negate the possibility of criminal liability under different statutes, emphasizing the independent nature of criminal proceedings concerning the alleged acquisition of disproportionate assets.
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