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...
The Income Tax Appellate Tribunal held that the enhancement made by the Commissioner of Income Tax (Appeals) was incorrect. The Assessing Officer was directed to delete the impugned additions. The Tribunal opined that the loss from one eligible industrial undertaking need not necessarily be adjusted against the profits from another eligible industrial undertaking for the purpose of deduction u/s 80IB. The decision in Synco Industries Limited was distinguished on facts as the issue there pertained to allowability of deductions under Chapter VIA when the gross total income was nil. Since the assessee had positive gross total income, it was eligible for deduction u/s 80IB without adjusting the losses of one unit against profits of another.
The Income Tax Appellate Tribunal held that the enhancement made by the Commissioner of Income Tax (Appeals) was incorrect. The Assessing Officer was directed to delete the impugned additions. The Tribunal opined that the loss from one eligible industrial undertaking need not necessarily be adjusted against the profits from another eligible industrial undertaking for the purpose of deduction u/s 80IB. The decision in Synco Industries Limited was distinguished on facts as the issue there pertained to allowability of deductions under Chapter VIA when the gross total income was nil. Since the assessee had positive gross total income, it was eligible for deduction u/s 80IB without adjusting the losses of one unit against profits of another.
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