Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Discount/margins retained by stockists on distribution of goods were held not to be "commission or brokerage" because the arrangement was principal-to-principal: invoices evidenced outright sales with applicable indirect tax, stockists bore inventory risk, had limited regulatory-compliance controls only, and independently recorded purchases/sales and offered profits to tax; further, the payer received sale consideration and did not make any commission payment, hence no TDS obligation under s.194H and no default under ss.201/201(1A). ESOP taxation arose only on exercise/allotment under s.17(2)(vi) and not at mere grant, so no TDS under s.192 and the demand was deleted. Interest for delayed payment to MSME suppliers was treated as part of sale consideration (not "interest" u/s 2(28A)) and, with voluntary disallowance u/s 37(1), s.194A and consequential ss.201/201(1A) were held inapplicable. - ITAT
Discount/margins retained by stockists on distribution of goods were held not to be "commission or brokerage" because the arrangement was principal-to-principal: invoices evidenced outright sales with applicable indirect tax, stockists bore inventory risk, had limited regulatory-compliance controls only, and independently recorded purchases/sales and offered profits to tax; further, the payer received sale consideration and did not make any commission payment, hence no TDS obligation under s.194H and no default under ss.201/201(1A). ESOP taxation arose only on exercise/allotment under s.17(2)(vi) and not at mere grant, so no TDS under s.192 and the demand was deleted. Interest for delayed payment to MSME suppliers was treated as part of sale consideration (not "interest" u/s 2(28A)) and, with voluntary disallowance u/s 37(1), s.194A and consequential ss.201/201(1A) were held inapplicable. - ITAT
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