Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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ITAT upheld taxpayer's claim for LTCG deduction u/s 54F despite delayed possession of new property. While assessee made full payment exceeding capital gains within prescribed time, builder failed to deliver possession within statutory period. ITAT emphasized that beneficial provisions like Section 54/54F should be interpreted liberally when taxpayer fulfills obligations but faces delays beyond their control. Tribunal noted widespread construction delays by builders affecting numerous taxpayers and ruled substantial payment and domain over property sufficient for exemption, even without formal possession or registration within deadline. Following SC precedent in Sanjeev Lal case, ITAT concluded adverse inference cannot be drawn against assessee who demonstrated compliance with statutory conditions despite builder's default.
ITAT upheld taxpayer's claim for LTCG deduction u/s 54F despite delayed possession of new property. While assessee made full payment exceeding capital gains within prescribed time, builder failed to deliver possession within statutory period. ITAT emphasized that beneficial provisions like Section 54/54F should be interpreted liberally when taxpayer fulfills obligations but faces delays beyond their control. Tribunal noted widespread construction delays by builders affecting numerous taxpayers and ruled substantial payment and domain over property sufficient for exemption, even without formal possession or registration within deadline. Following SC precedent in Sanjeev Lal case, ITAT concluded adverse inference cannot be drawn against assessee who demonstrated compliance with statutory conditions despite builder's default.
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