Interest on Wrongful Input Tax Credit is mandatory where excess transitional credit was retained and later reversed, and related objections were rejec...
Revision under Section 263 failed because the Assessing Officer conducted a prima facie inquiry, considered documentary evidence and followed the binding CBDT Instruction treating transfers of unlisted shares as capital gains; the revisional order was therefore neither erroneous nor prejudicial to revenue. The contention that the assessee converted stock-in-trade into a capital asset lacked antecedent findings and could not be raised first at appeal, so the Tribunal rightly declined to entertain it. On facts-long holding period, single isolated sale, investment-intent recorded by board resolution and accounting consistent with investment-the surplus was held to be long-term capital gains, and all substantial questions were answered for the assessee.
Revision under Section 263 failed because the Assessing Officer conducted a prima facie inquiry, considered documentary evidence and followed the binding CBDT Instruction treating transfers of unlisted shares as capital gains; the revisional order was therefore neither erroneous nor prejudicial to revenue. The contention that the assessee converted stock-in-trade into a capital asset lacked antecedent findings and could not be raised first at appeal, so the Tribunal rightly declined to entertain it. On facts-long holding period, single isolated sale, investment-intent recorded by board resolution and accounting consistent with investment-the surplus was held to be long-term capital gains, and all substantial questions were answered for the assessee.
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