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 ...
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The Income Tax Appellate Tribunal ruled that while computing book profit u/s 115JB, adjustments u/s 14A read with Rule 8D are impermissible. However, expenditure directly incurred towards generating exempt income can be added to book profit under Explanation 1(f) to Section 115JB(2), without resorting to the amount calculated u/s 14A read with Rule 8D. The matter was remanded to the Assessing Officer to verify such expenditure. Regarding additions u/s 153A, if the year is an unabated assessment year without incriminating material, no addition can be made. However, completed assessments can be reopened u/ss 147/148, subject to conditions, following the Supreme Court's decision in Abhisar Buildwell.
The Income Tax Appellate Tribunal ruled that while computing book profit u/s 115JB, adjustments u/s 14A read with Rule 8D are impermissible. However, expenditure directly incurred towards generating exempt income can be added to book profit under Explanation 1(f) to Section 115JB(2), without resorting to the amount calculated u/s 14A read with Rule 8D. The matter was remanded to the Assessing Officer to verify such expenditure. Regarding additions u/s 153A, if the year is an unabated assessment year without incriminating material, no addition can be made. However, completed assessments can be reopened u/ss 147/148, subject to conditions, following the Supreme Court's decision in Abhisar Buildwell.
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