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 finds the impugned CIT(A) order to be cryptic and nonspeaking, lacking independent findings and adequate application of mind to the assessee's submissions and bank records; it also records the AO's failure, without satisfactory explanation, to file the remand report despite two opportunities. Noting absence of evidence for the revenue's asserted reasons for non-compliance, and that the AO proceeded to assess under section 144 without full compliance by the assessee, ITAT sets aside the CIT(A) order and remands the matter to the AO for fresh adjudication. AO is directed to examine the additional evidence produced by the assessee, obtain any necessary bank records, and decide the matter on merits.
ITAT finds the impugned CIT(A) order to be cryptic and nonspeaking, lacking independent findings and adequate application of mind to the assessee's submissions and bank records; it also records the AO's failure, without satisfactory explanation, to file the remand report despite two opportunities. Noting absence of evidence for the revenue's asserted reasons for non-compliance, and that the AO proceeded to assess under section 144 without full compliance by the assessee, ITAT sets aside the CIT(A) order and remands the matter to the AO for fresh adjudication. AO is directed to examine the additional evidence produced by the assessee, obtain any necessary bank records, and decide the matter on merits.
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