Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
The note addresses a revision under review where the assessing officer accepted returned income without any discussion on whether foreign residential properties affect eligibility for the capital gains exemption on reinvestment in residential property. The Tribunal found the assessment order erroneous for lack of enquiry and failure to apply mind, making the Principal CIT's revision valid. Because the AO did not decide the proviso-based eligibility issue on merits, the Tribunal set aside the matter for fresh adjudication by the AO to determine entitlement to the exemption, allowing the appeal for statistical purposes.
The note addresses a revision under review where the assessing officer accepted returned income without any discussion on whether foreign residential properties affect eligibility for the capital gains exemption on reinvestment in residential property. The Tribunal found the assessment order erroneous for lack of enquiry and failure to apply mind, making the Principal CIT's revision valid. Because the AO did not decide the proviso-based eligibility issue on merits, the Tribunal set aside the matter for fresh adjudication by the AO to determine entitlement to the exemption, allowing the appeal for statistical purposes.
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