Opportunity to respond to jurisdictional reports is mandatory before customs settlement duty enhancement; connected applications require consistent ad...
Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling with...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
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Bogus share transactions were alleged, and the Assessing Officer (AO) denied the assessee's claim for exemption u/s 10(38) by treating the sale consideration of shares as unexplained cash credit u/s 68. However, the Tribunal held that the AO failed to establish the assessee's involvement in price rigging, and the sale transactions were conducted on the stock exchange platform, with the sale consideration received through banking channels. Consequently, the sale consideration cannot be considered unexplained cash credit u/s 68. The Tribunal directed the AO to delete the addition u/s 68 and allow the exemption u/s 10(38). Regarding the violation of natural justice principles, the Tribunal agreed with the CIT(A) that not providing an opportunity for cross-examination did not violate natural justice, as the statements were not relied upon for making the addition. The assessee's appeal was partly allowed.
Bogus share transactions were alleged, and the Assessing Officer (AO) denied the assessee's claim for exemption u/s 10(38) by treating the sale consideration of shares as unexplained cash credit u/s 68. However, the Tribunal held that the AO failed to establish the assessee's involvement in price rigging, and the sale transactions were conducted on the stock exchange platform, with the sale consideration received through banking channels. Consequently, the sale consideration cannot be considered unexplained cash credit u/s 68. The Tribunal directed the AO to delete the addition u/s 68 and allow the exemption u/s 10(38). Regarding the violation of natural justice principles, the Tribunal agreed with the CIT(A) that not providing an opportunity for cross-examination did not violate natural justice, as the statements were not relied upon for making the addition. The assessee's appeal was partly allowed.
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