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 ...
The HC upheld the Tribunal's remand to the AO for fresh adjudication on the assessee's entitlement to deductions under s.80JJA for AYs 2007-08 and 2008-09, finding no infirmity warranting rectification of the Tribunal's order and affirming the Tribunal's power under s.254 to remit for reconsideration; the Court noted that the claim under s.80JJA could not be arbitrarily disallowed where it had been allowed in earlier years on identical facts. Separately, the HC found the addition u/s 68 unsustainable on the record, observed that bank payments and confirmations substantiated the sundry creditors, and remitted the matter to the AO for de novo assessment.
The HC upheld the Tribunal's remand to the AO for fresh adjudication on the assessee's entitlement to deductions under s.80JJA for AYs 2007-08 and 2008-09, finding no infirmity warranting rectification of the Tribunal's order and affirming the Tribunal's power under s.254 to remit for reconsideration; the Court noted that the claim under s.80JJA could not be arbitrarily disallowed where it had been allowed in earlier years on identical facts. Separately, the HC found the addition u/s 68 unsustainable on the record, observed that bank payments and confirmations substantiated the sundry creditors, and remitted the matter to the AO for de novo assessment.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
