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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Capital gains computation under section 50C: the property is recorded as agricultural/residential in revenue records, so circle rate characterisation must follow those records and the multiplicative factor of 1 applies even though the building was used commercially without sanction; deemed conversion cannot be presumed from unauthorized use until recognised by revenue authorities, so the assessing officer's application of factor 3 was contrary to revenue records and invalid, and the appellate authority's direction to apply factor 1 was affirmed by ITAT, resulting in the decision against the revenue.
Capital gains computation under section 50C: the property is recorded as agricultural/residential in revenue records, so circle rate characterisation must follow those records and the multiplicative factor of 1 applies even though the building was used commercially without sanction; deemed conversion cannot be presumed from unauthorized use until recognised by revenue authorities, so the assessing officer's application of factor 3 was contrary to revenue records and invalid, and the appellate authority's direction to apply factor 1 was affirmed by ITAT, resulting in the decision against the revenue.
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