Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
Correct head of income - Income from leasing or letting out the properties in shopping-cum-entertainment Mall - “income from business” or “income from house property” - After careful consideration, the High Court affirmed the decision of the CIT(A) and the ITAT that the income derived from leasing out properties in the mall should be categorized as "income from business." The Court noted that the assessee company's main object, as per its Memorandum of Article and Association, involved various business activities related to owning, leasing, and managing properties like multiplexes, cineplexes, and shopping malls. Therefore, the income from leasing out properties in the mall constituted income from business under Section 28 of the Income Tax Act.
Correct head of income - Income from leasing or letting out the properties in shopping-cum-entertainment Mall - “income from business” or “income from house property” - After careful consideration, the High Court affirmed the decision of the CIT(A) and the ITAT that the income derived from leasing out properties in the mall should be categorized as "income from business." The Court noted that the assessee company's main object, as per its Memorandum of Article and Association, involved various business activities related to owning, leasing, and managing properties like multiplexes, cineplexes, and shopping malls. Therefore, the income from leasing out properties in the mall constituted income from business under Section 28 of the Income Tax Act.
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