Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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The HC upheld the ITAT's deletion of addition under section 56(2)(viib) regarding share premium collected by a closely held company. The court found that lower authorities improperly rejected the DCF valuation method without examining its details or calling for additional information. The rejection was based on objective satisfaction rather than subjective assessment of case facts. Following Town Essential Pvt. Ltd. (ITAT Bangalore, 2021), the HC ruled that valuation reports cannot be rejected without recording contrary findings. The authorities' reasoning that the company's loss-making status precluded share premium valuation was deemed insufficient, and the addition was accordingly deleted in the assessee's favor.
The HC upheld the ITAT's deletion of addition under section 56(2)(viib) regarding share premium collected by a closely held company. The court found that lower authorities improperly rejected the DCF valuation method without examining its details or calling for additional information. The rejection was based on objective satisfaction rather than subjective assessment of case facts. Following Town Essential Pvt. Ltd. (ITAT Bangalore, 2021), the HC ruled that valuation reports cannot be rejected without recording contrary findings. The authorities' reasoning that the company's loss-making status precluded share premium valuation was deemed insufficient, and the addition was accordingly deleted in the assessee's favor.
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