Refund claim dismissed as time-barred under s.142(5); non-obstante clause read restrictively, merits not decided, self-assessment payments not mere de...
Assessee's project-completion revenue recognition upheld; income addition deleted under Guidance Note/AS-9 and percentage-completion rules as complian...
The AT allowed the appeals, holding that the inter-scheme transfers (ISTs) undertaken by the AMC did not contravene applicable MF Regulations or the July 27, 2000 circular. The Tribunal found ISTs permissible, specific conditions in Schedule-VII and due-diligence processes were satisfied, reasons were recorded, and no fresh market purchases were made; there was no evidence of private gain, integrity breaches by trustees/AMC, or proven contravention of Para-6 or Para-8. Applying the principle generalia specialibus non derogant, specific IST provisions prevailed over general code provisions, and the Assessing Officer could not substitute his judgment for professional investment decisions. Appeals accordingly allowed.
The AT allowed the appeals, holding that the inter-scheme transfers (ISTs) undertaken by the AMC did not contravene applicable MF Regulations or the July 27, 2000 circular. The Tribunal found ISTs permissible, specific conditions in Schedule-VII and due-diligence processes were satisfied, reasons were recorded, and no fresh market purchases were made; there was no evidence of private gain, integrity breaches by trustees/AMC, or proven contravention of Para-6 or Para-8. Applying the principle generalia specialibus non derogant, specific IST provisions prevailed over general code provisions, and the Assessing Officer could not substitute his judgment for professional investment decisions. Appeals accordingly allowed.
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