Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
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.
Note: It is a system-generated summary and is for quick reference only.