Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
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ITAT ruled in favor of assessee regarding additions under s.43CA concerning sale of 12 flats below market value. While market value exceeded agreement value at registration, documentation proved agreement values were compliant with market rates at booking time. ITAT emphasized that mere auditor observations about lower sale values cannot justify additions without considering Act provisions. Since assessee received partial consideration as advance per original agreements and executed sales based on those values despite subsequent market appreciation, no additions were warranted under s.43CA(3) and (4). The significant time gap between booking and registration dates explained the apparent value discrepancy.
ITAT ruled in favor of assessee regarding additions under s.43CA concerning sale of 12 flats below market value. While market value exceeded agreement value at registration, documentation proved agreement values were compliant with market rates at booking time. ITAT emphasized that mere auditor observations about lower sale values cannot justify additions without considering Act provisions. Since assessee received partial consideration as advance per original agreements and executed sales based on those values despite subsequent market appreciation, no additions were warranted under s.43CA(3) and (4). The significant time gap between booking and registration dates explained the apparent value discrepancy.
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