Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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Deduction under s.36(1)(viii) was allowed as the assessee's long-term financing of renewable energy projects qualified as "development of infrastructure facility" under the "eligible business" definition, and post-01.04.2000 no CBDT approval was required; consistency from later years also supported eligibility. Recharacterization of various receipts as "income from other sources" was rejected since interest on deposits and staff loans, service/consortium fees, swap gains, refunds/write-backs and related miscellaneous items were inextricably linked to the financing business or taxable as business income u/s 41(1); accordingly assessed as business income. Disallowance u/s 14A was deleted for want of AO's recorded satisfaction and absence of exempt income. Depreciation was allowed on beneficial ownership. Disallowance u/s 40(a)(ia) for short TDS deduction was held inapplicable. - ITAT
Deduction under s.36(1)(viii) was allowed as the assessee's long-term financing of renewable energy projects qualified as "development of infrastructure facility" under the "eligible business" definition, and post-01.04.2000 no CBDT approval was required; consistency from later years also supported eligibility. Recharacterization of various receipts as "income from other sources" was rejected since interest on deposits and staff loans, service/consortium fees, swap gains, refunds/write-backs and related miscellaneous items were inextricably linked to the financing business or taxable as business income u/s 41(1); accordingly assessed as business income. Disallowance u/s 14A was deleted for want of AO's recorded satisfaction and absence of exempt income. Depreciation was allowed on beneficial ownership. Disallowance u/s 40(a)(ia) for short TDS deduction was held inapplicable. - ITAT
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