Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
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Primary issue was whether assets received under a scheme of demerger attracted deemed income u/s 56(2)(x) because the demerger allegedly violated Section 2(19AA) and the swap ratio/valuation contravened Rule 11UA. Tribunal held Section 2(19AA)(iv) mandates proportionate share allotment only, Rule 11UA cannot be read into Section 2(19AA), the registered valuer's computation was reasonable and the scheme complied with Section 2(19AA) read with Section 47(vi); consequence: addition u/s 56(2)(x) deleted. Separately, payment under an unregistered MOU was not a "specified agreement" attracting TDS u/s 194IC; consequence: no TDS liability. - ITAT
Primary issue was whether assets received under a scheme of demerger attracted deemed income u/s 56(2)(x) because the demerger allegedly violated Section 2(19AA) and the swap ratio/valuation contravened Rule 11UA. Tribunal held Section 2(19AA)(iv) mandates proportionate share allotment only, Rule 11UA cannot be read into Section 2(19AA), the registered valuer's computation was reasonable and the scheme complied with Section 2(19AA) read with Section 47(vi); consequence: addition u/s 56(2)(x) deleted. Separately, payment under an unregistered MOU was not a "specified agreement" attracting TDS u/s 194IC; consequence: no TDS liability. - ITAT
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