Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
For applying s.56(2)(vii)(b), the proviso requires an agreement fixing consideration, identification of stamp duty value as on the agreement date, and part payment by a non-cash mode on or before that date. The allotment letter, containing agreed terms, identified the specific flat, fixed the consideration and payment schedule, and conferred exclusivity; it was enforceable as a valid contract under s.10 of the Contract Act, supported by part payment through banking channels. Accordingly, the stamp duty value as on the allotment date governed, and no taxable difference arose; the addition was deleted and the taxpayer's grounds were allowed. - ITAT
For applying s.56(2)(vii)(b), the proviso requires an agreement fixing consideration, identification of stamp duty value as on the agreement date, and part payment by a non-cash mode on or before that date. The allotment letter, containing agreed terms, identified the specific flat, fixed the consideration and payment schedule, and conferred exclusivity; it was enforceable as a valid contract under s.10 of the Contract Act, supported by part payment through banking channels. Accordingly, the stamp duty value as on the allotment date governed, and no taxable difference arose; the addition was deleted and the taxpayer's grounds were allowed. - ITAT
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