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 ...
The ITAT Mumbai considered the validity of a rectification order u/s 154 due to a discrepancy in income computation. The issue revolved around the treatment of a withdrawn amount from the provident fund (PF) as taxable income. The assessee, an employee deriving income from salary, disclosed the withdrawn amount as exempt income in the rectified return. The tribunal found that the sum withdrawn after more than five years of service was exempt u/s 10(12) of the Income Tax Act. The lower authorities' orders were deemed unsustainable as they overlooked the facts presented in the rectification applications. Consequently, the assessing officer was directed to delete the addition of the withdrawn amount from the provident fund, ruling in favor of the assessee.
The ITAT Mumbai considered the validity of a rectification order u/s 154 due to a discrepancy in income computation. The issue revolved around the treatment of a withdrawn amount from the provident fund (PF) as taxable income. The assessee, an employee deriving income from salary, disclosed the withdrawn amount as exempt income in the rectified return. The tribunal found that the sum withdrawn after more than five years of service was exempt u/s 10(12) of the Income Tax Act. The lower authorities' orders were deemed unsustainable as they overlooked the facts presented in the rectification applications. Consequently, the assessing officer was directed to delete the addition of the withdrawn amount from the provident fund, ruling in favor of the assessee.
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