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 Gauhati Bench jurisdiction issue was raised concerning an appeal filed under improper jurisdiction. The assessee's address was consistently in Kolkata, with no formal transfer to Gauhati jurisdiction. Referring to legal precedents, the appeal was deemed under improper jurisdiction due to the assessment order's origin in Kolkata. The appeal was dismissed, allowing the Revenue to refile before the appropriate ITAT bench with a delay condonation petition. The time taken for the dismissed appeal may be considered for delay condonation in the refiled appeal.
The ITAT Gauhati Bench jurisdiction issue was raised concerning an appeal filed under improper jurisdiction. The assessee's address was consistently in Kolkata, with no formal transfer to Gauhati jurisdiction. Referring to legal precedents, the appeal was deemed under improper jurisdiction due to the assessment order's origin in Kolkata. The appeal was dismissed, allowing the Revenue to refile before the appropriate ITAT bench with a delay condonation petition. The time taken for the dismissed appeal may be considered for delay condonation in the refiled appeal.
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