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Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
The Appellate Tribunal considered a case where disallowance of Gratuity u/s 43B was made due to a discrepancy in classification in the Income Tax Return and tax audit report. The Tribunal held that inadvertent errors in reporting, when details are available in the Return, are bonafide. Deductions based on genuine claims cannot be denied, even if reported in the wrong category. The Tribunal emphasized that legitimate deductions should be allowed to prevent over-assessment, notwithstanding errors by the assessee. Therefore, the Tribunal allowed the assessee's appeal, stating that the incorrect classification in the Return should not lead to denial of a valid deduction u/s 43B.
The Appellate Tribunal considered a case where disallowance of Gratuity u/s 43B was made due to a discrepancy in classification in the Income Tax Return and tax audit report. The Tribunal held that inadvertent errors in reporting, when details are available in the Return, are bonafide. Deductions based on genuine claims cannot be denied, even if reported in the wrong category. The Tribunal emphasized that legitimate deductions should be allowed to prevent over-assessment, notwithstanding errors by the assessee. Therefore, the Tribunal allowed the assessee's appeal, stating that the incorrect classification in the Return should not lead to denial of a valid deduction u/s 43B.
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