Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Interpretation of "fiduciary capacity" in the context of benami transactions. It clarifies that fiduciary capacity cannot be used as an exception in all circumstances, particularly when property is transferred for illegal purposes or when a concluded contract passes title to others. The fiduciary exception applies only in cases where money is kept with another person on trust for safe custody, and not where there is a conflict of interest or profit motive. The Adjudicating Authority's analysis of witness statements and the Income Tax assessment supporting the respondent's position are also mentioned. The key legal principles regarding benami transactions and the scope of the fiduciary capacity exception are elucidated.
Interpretation of "fiduciary capacity" in the context of benami transactions. It clarifies that fiduciary capacity cannot be used as an exception in all circumstances, particularly when property is transferred for illegal purposes or when a concluded contract passes title to others. The fiduciary exception applies only in cases where money is kept with another person on trust for safe custody, and not where there is a conflict of interest or profit motive. The Adjudicating Authority's analysis of witness statements and the Income Tax assessment supporting the respondent's position are also mentioned. The key legal principles regarding benami transactions and the scope of the fiduciary capacity exception are elucidated.
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