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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Appealable order - Whether the communication would be considered as an ‘order’ for filing of appeal before the Tribunal - The Tribunal determined that the communication from the Superintendent was not a decision but merely conveyed the date fixed by the Commissioner. However, the Tribunal acknowledged that the appellant had a right to know why their request for cross-examination was denied, which was not clearly stated in the communication. Citing precedent, the Tribunal held that such communications could be considered as appealable orders, especially when the decision on cross-examination was neither accepted nor denied by the Commissioner. Therefore, the Tribunal concluded that the appellant correctly filed the appeal before them.
Appealable order - Whether the communication would be considered as an ‘order’ for filing of appeal before the Tribunal - The Tribunal determined that the communication from the Superintendent was not a decision but merely conveyed the date fixed by the Commissioner. However, the Tribunal acknowledged that the appellant had a right to know why their request for cross-examination was denied, which was not clearly stated in the communication. Citing precedent, the Tribunal held that such communications could be considered as appealable orders, especially when the decision on cross-examination was neither accepted nor denied by the Commissioner. Therefore, the Tribunal concluded that the appellant correctly filed the appeal before them.
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