Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
The assessee sold agricultural land during the year which the Assessing Officer (AO) treated as a capital asset, leading to levy of long-term capital gains tax. The Tribunal held that the AO erred in disregarding the certificate issued by the Tehsildar certifying the land as agricultural land situated beyond municipal limits. The AO failed to examine the discrepancies in distances mentioned by the Tehsildar and relied solely on the photocopy certificate without verifying its authenticity. The Tribunal relied on the certificate issued by the Survey of India, Government of India, to conclude that the land sold was agricultural land beyond municipal limits, not a capital asset, and hence not liable to capital gains tax u/s 45. Regarding deductions u/ss 54B and 54F claimed by the assessee for reinvestment in agricultural land and residential property, the Tribunal held that the Appellate Authorities have the power to consider claims based on material available on record, even if not claimed in the original or revised return. The assessee was held entitled to the deductions u/ss 54B and 54F. The Tribunal allowed the assessee's appeal.
The assessee sold agricultural land during the year which the Assessing Officer (AO) treated as a capital asset, leading to levy of long-term capital gains tax. The Tribunal held that the AO erred in disregarding the certificate issued by the Tehsildar certifying the land as agricultural land situated beyond municipal limits. The AO failed to examine the discrepancies in distances mentioned by the Tehsildar and relied solely on the photocopy certificate without verifying its authenticity. The Tribunal relied on the certificate issued by the Survey of India, Government of India, to conclude that the land sold was agricultural land beyond municipal limits, not a capital asset, and hence not liable to capital gains tax u/s 45. Regarding deductions u/ss 54B and 54F claimed by the assessee for reinvestment in agricultural land and residential property, the Tribunal held that the Appellate Authorities have the power to consider claims based on material available on record, even if not claimed in the original or revised return. The assessee was held entitled to the deductions u/ss 54B and 54F. The Tribunal allowed the assessee's appeal.
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