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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The HC held that under the unamended Section 54(1) of the Act, the term "a residential house" is not restricted to a single residential unit but may include multiple residential houses. Consequently, the assessee was entitled to claim exemption from capital gains arising from the sale of a single flat by investing the proceeds in the purchase of seven row houses. The court relied on precedents affirming that the provision's language is descriptive of the property type rather than limiting the number of properties acquired. The interpretation favoring the assessee was adopted in line with Supreme Court authority. The appeal was allowed, granting the assessee full exemption under Section 54(1) for the capital gains on the basis of investment in multiple residential properties purchased within the stipulated period.
The HC held that under the unamended Section 54(1) of the Act, the term "a residential house" is not restricted to a single residential unit but may include multiple residential houses. Consequently, the assessee was entitled to claim exemption from capital gains arising from the sale of a single flat by investing the proceeds in the purchase of seven row houses. The court relied on precedents affirming that the provision's language is descriptive of the property type rather than limiting the number of properties acquired. The interpretation favoring the assessee was adopted in line with Supreme Court authority. The appeal was allowed, granting the assessee full exemption under Section 54(1) for the capital gains on the basis of investment in multiple residential properties purchased within the stipulated period.
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