Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
In a limited scrutiny selected to examine s.14A expenditure and capital/share capital, the AO lacked jurisdiction to make an addition u/s 69; CBDT instructions u/s 119 are binding and breach vitiates the assessment, and later rectification u/s 154 cannot cure a jurisdictional defect, hence the assessment u/s 143(3) was quashed as void. On succession of a proprietary business to a company, once conditions of s.47(xiv) were satisfied, revaluation and higher issue price of shares did not negate the exemption, so no capital gains arose u/s 45. Consequently, the capital credit representing net business transfer could not be taxed u/s 68 and was deleted. Gifts received through registered settlement deeds from specified relatives were held genuine; valuation differences did not attract s.68 or s.56(2)(x), so the addition was deleted. - ITAT
In a limited scrutiny selected to examine s.14A expenditure and capital/share capital, the AO lacked jurisdiction to make an addition u/s 69; CBDT instructions u/s 119 are binding and breach vitiates the assessment, and later rectification u/s 154 cannot cure a jurisdictional defect, hence the assessment u/s 143(3) was quashed as void. On succession of a proprietary business to a company, once conditions of s.47(xiv) were satisfied, revaluation and higher issue price of shares did not negate the exemption, so no capital gains arose u/s 45. Consequently, the capital credit representing net business transfer could not be taxed u/s 68 and was deleted. Gifts received through registered settlement deeds from specified relatives were held genuine; valuation differences did not attract s.68 or s.56(2)(x), so the addition was deleted. - ITAT
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