Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
HC allowed the appeal regarding depreciation on goodwill post-demerger for AYs 2015-16 and 2016-17. The court determined that the 5th proviso to Sec 32 only applies in the year of succession regarding aggregate deduction by predecessor and successor, not subsequent years. The Tribunal erroneously based its judgment solely on the Fifth Proviso's applicability, which was irrelevant for the assessment years in question. The scheme became effective in FY 2013-14, making the proviso applicable only for AY 2014-15. Matter remitted to Tribunal for fresh examination, considering the proviso's temporal scope and aggregate deduction requirement. Original Tribunal order dated 03 February 2023 set aside.
HC allowed the appeal regarding depreciation on goodwill post-demerger for AYs 2015-16 and 2016-17. The court determined that the 5th proviso to Sec 32 only applies in the year of succession regarding aggregate deduction by predecessor and successor, not subsequent years. The Tribunal erroneously based its judgment solely on the Fifth Proviso's applicability, which was irrelevant for the assessment years in question. The scheme became effective in FY 2013-14, making the proviso applicable only for AY 2014-15. Matter remitted to Tribunal for fresh examination, considering the proviso's temporal scope and aggregate deduction requirement. Original Tribunal order dated 03 February 2023 set aside.
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