Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
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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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