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 Appellate Tribunal considered a case involving a revision u/s 263 where the Commissioner held that the expenditure claimed by the assessee for payment to sub-contractors was not genuine. The AO had conducted an inquiry and accepted the claim based on relevant material. The work order served as tangible evidence of the agreement between parties. The Commissioner's doubts were based on suspicion, while the AO's decision was reasonable. The AO's inquiry, even if inadequate, did not render the order erroneous. The Commissioner cannot revise based solely on disagreement. The impugned order was set aside as unsustainable. The assessee's appeal was allowed.
The Appellate Tribunal considered a case involving a revision u/s 263 where the Commissioner held that the expenditure claimed by the assessee for payment to sub-contractors was not genuine. The AO had conducted an inquiry and accepted the claim based on relevant material. The work order served as tangible evidence of the agreement between parties. The Commissioner's doubts were based on suspicion, while the AO's decision was reasonable. The AO's inquiry, even if inadequate, did not render the order erroneous. The Commissioner cannot revise based solely on disagreement. The impugned order was set aside as unsustainable. The assessee's appeal was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4807 
Join Channel 
