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...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Characterisation of receipts turned on the nature of the assessee's activities and services, not mere ownership or leases; where letting is accompanied by systematic provision of amenities and operational facilities, such receipts constitute income from business or profession. Reliance on Supreme Court precedents applying the nature of activity test supported treating rental receipts as business income. Prior assessments accepting the same treatment invoked the principle of consistency, reinforcing classification as business income rather than income from house property. Decision went against the revenue.
Characterisation of receipts turned on the nature of the assessee's activities and services, not mere ownership or leases; where letting is accompanied by systematic provision of amenities and operational facilities, such receipts constitute income from business or profession. Reliance on Supreme Court precedents applying the nature of activity test supported treating rental receipts as business income. Prior assessments accepting the same treatment invoked the principle of consistency, reinforcing classification as business income rather than income from house property. Decision went against the revenue.
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