Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
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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