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 ...
Penalty u/s 271AAB(1A)(b) was levied for suo moto disallowance of personal expenses u/s 37 by the assessee in the return filed in response to a notice u/s 153A. The assessee had made the disallowance in the search assessment completed u/s 153A, where no concealment was found. The issue of levying penalty u/s 271AAB in such circumstances is no longer res integra, following the Delhi High Court's decision in Neeraj Jindal. Accordingly, the penalty u/s 271AAB is deleted.
Penalty u/s 271AAB(1A)(b) was levied for suo moto disallowance of personal expenses u/s 37 by the assessee in the return filed in response to a notice u/s 153A. The assessee had made the disallowance in the search assessment completed u/s 153A, where no concealment was found. The issue of levying penalty u/s 271AAB in such circumstances is no longer res integra, following the Delhi High Court's decision in Neeraj Jindal. Accordingly, the penalty u/s 271AAB is deleted.
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