Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
ITAT held that interest received by the assessee on enhanced compensation consequent to compulsory acquisition does not constitute taxable income under s.56(2)(viii) read with s.145B(1); the Assessing Officer's inclusion of 50% of such interest as income was set aside. Noting divergent High Court rulings, the Tribunal, guided by prevailing Supreme Court principle favoring the assessee where conflicts exist, aligned with the decisions favorable to the assessee and allowed the appeal. Assessment treating the disputed interest as income was therefore reversed and the matter remitted/treated in accordance with this determination.
ITAT held that interest received by the assessee on enhanced compensation consequent to compulsory acquisition does not constitute taxable income under s.56(2)(viii) read with s.145B(1); the Assessing Officer's inclusion of 50% of such interest as income was set aside. Noting divergent High Court rulings, the Tribunal, guided by prevailing Supreme Court principle favoring the assessee where conflicts exist, aligned with the decisions favorable to the assessee and allowed the appeal. Assessment treating the disputed interest as income was therefore reversed and the matter remitted/treated in accordance with this determination.
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