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 ...
ITAT adjudicated a tax dispute regarding penalty u/s 271(1)(c), finding no justification for penalty imposition. The tribunal determined that returned income matched assessed income, and no substantive evidence of income concealment existed. The show cause notice lacked specific allegations of tax evasion or inaccurate income particulars. Given the absence of procedural fairness and no demonstrable intent to evade tax, the tribunal deleted the 100% penalty. The decision hinged on procedural defects and lack of clear evidence of deliberate tax non-compliance, ultimately ruling in favor of the assessee based on principles of natural justice and procedural propriety.
ITAT adjudicated a tax dispute regarding penalty u/s 271(1)(c), finding no justification for penalty imposition. The tribunal determined that returned income matched assessed income, and no substantive evidence of income concealment existed. The show cause notice lacked specific allegations of tax evasion or inaccurate income particulars. Given the absence of procedural fairness and no demonstrable intent to evade tax, the tribunal deleted the 100% penalty. The decision hinged on procedural defects and lack of clear evidence of deliberate tax non-compliance, ultimately ruling in favor of the assessee based on principles of natural justice and procedural propriety.
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