Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
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The High Court upheld the Tribunal's decision to condone the delay in filing Form 10B by the assessee, rejecting the Revenue's reliance on the Supreme Court's ruling in M/s Wipro Limited. The Court distinguished the present case from Wipro, where the declaration u/s 10B(8) was filed belatedly with the revised return. Here, the assessee had electronically filed Form 10B during the appellate proceedings, and the delay was rightly condoned by the CIT(A) and Tribunal. The Court endorsed an equitable, balanced, and judicious approach in such cases, following its earlier decisions in Sarvodaya Charitable Trust and Social Security Scheme of GICEA. The Revenue's appeal was dismissed as no substantial question of law arose.
The High Court upheld the Tribunal's decision to condone the delay in filing Form 10B by the assessee, rejecting the Revenue's reliance on the Supreme Court's ruling in M/s Wipro Limited. The Court distinguished the present case from Wipro, where the declaration u/s 10B(8) was filed belatedly with the revised return. Here, the assessee had electronically filed Form 10B during the appellate proceedings, and the delay was rightly condoned by the CIT(A) and Tribunal. The Court endorsed an equitable, balanced, and judicious approach in such cases, following its earlier decisions in Sarvodaya Charitable Trust and Social Security Scheme of GICEA. The Revenue's appeal was dismissed as no substantial question of law arose.
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