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 ...
Validity of Revision u/s 263 - An order which is prejudicial to revenue even if no Tax Loss - The High Court found that the AO's assessment did not adequately address the genuineness and creditworthiness of the loan transactions from certain entities, identified in a DDIT investigation report as shell companies operated by an entry operator. This oversight was deemed a significant inquiry lapse, rendering the assessment order both erroneous and prejudicial to the Revenue's interests. - The Court underscored the principle that an order could be deemed erroneous if it was prejudicial to the Revenue, even if it did not result in immediate tax loss, reflecting a broader interpretation aimed at preserving the Revenue's interests.
Validity of Revision u/s 263 - An order which is prejudicial to revenue even if no Tax Loss - The High Court found that the AO's assessment did not adequately address the genuineness and creditworthiness of the loan transactions from certain entities, identified in a DDIT investigation report as shell companies operated by an entry operator. This oversight was deemed a significant inquiry lapse, rendering the assessment order both erroneous and prejudicial to the Revenue's interests. - The Court underscored the principle that an order could be deemed erroneous if it was prejudicial to the Revenue, even if it did not result in immediate tax loss, reflecting a broader interpretation aimed at preserving the Revenue's interests.
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