Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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The Income Tax Appellate Tribunal held that the assessment order u/s 153A for the assessment year 2008-09 was invalid as it was beyond the period of limitation of ten years from the end of the relevant assessment year in which the search was conducted. The Tribunal observed that no incriminating material was found during the search, and initiating proceedings barred by law cannot be allowed. Furthermore, the Commissioner of Income Tax (Appeals) rightly deleted the addition made by the Assessing Officer on the grounds that the assessee was not involved in the wool business. The CIT(A) verified the documentary evidence and acknowledged that the investment in mutual funds was duly recorded in the audited financial statements and tax audit report. The Tribunal affirmed the CIT(A)'s findings that the assessee's business activity and operations were genuine for the year under consideration.
The Income Tax Appellate Tribunal held that the assessment order u/s 153A for the assessment year 2008-09 was invalid as it was beyond the period of limitation of ten years from the end of the relevant assessment year in which the search was conducted. The Tribunal observed that no incriminating material was found during the search, and initiating proceedings barred by law cannot be allowed. Furthermore, the Commissioner of Income Tax (Appeals) rightly deleted the addition made by the Assessing Officer on the grounds that the assessee was not involved in the wool business. The CIT(A) verified the documentary evidence and acknowledged that the investment in mutual funds was duly recorded in the audited financial statements and tax audit report. The Tribunal affirmed the CIT(A)'s findings that the assessee's business activity and operations were genuine for the year under consideration.
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