Transfer-pricing reimbursement adjustments require uncontrolled comparables and cannot become expense-genuineness reviews, resulting in deletion of th...
Food import sampling requirements support provisional release where unseized consignments conform to standards and raw areca classification is unestab...
Diagnostic microcuvette classification follows sole-use analytical function, placing specialised disposable cuvettes with their analyser rather than g...
Customs Broker licensing proceedings fail when their offence-report foundation collapses and authorisation, advisory, and KYC duties remain unbreached...
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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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