Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Exemption under section 10(23FBA) read with section 115UB was permitted where a scheme floated under a SEBI registered Category II AIF trust held a separate PAN; the existence of SEBI registration in the trust's PAN alone does not defeat scheme level exemption, so the addition under section 10(23FBA) was deleted. Separately, the difference between book surplus and amounts distributed to investors was held to reflect statutory indexation on long term capital gains from unlisted equity and not independent business income; accordingly the Assessing Officer's taxation of that difference as business income was deleted and the ground allowing indexation was accepted.
Exemption under section 10(23FBA) read with section 115UB was permitted where a scheme floated under a SEBI registered Category II AIF trust held a separate PAN; the existence of SEBI registration in the trust's PAN alone does not defeat scheme level exemption, so the addition under section 10(23FBA) was deleted. Separately, the difference between book surplus and amounts distributed to investors was held to reflect statutory indexation on long term capital gains from unlisted equity and not independent business income; accordingly the Assessing Officer's taxation of that difference as business income was deleted and the ground allowing indexation was accepted.
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