Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Reopening of assessment under Section 147/148 was invalid where it relied on documents seized from a third party; the special procedure for seized material belonging to persons other than the searched party under Section 153C read with Section 153A applies and has overriding effect. The Tribunal followed higher court and coordinate ITAT decisions interpreting the non obstante clause to require AO to proceed under the special procedure; because the AO abandoned 153C proceedings and issued a Section 148 notice, the reassessment and resulting assessment were quashed as void ab initio.
Reopening of assessment under Section 147/148 was invalid where it relied on documents seized from a third party; the special procedure for seized material belonging to persons other than the searched party under Section 153C read with Section 153A applies and has overriding effect. The Tribunal followed higher court and coordinate ITAT decisions interpreting the non obstante clause to require AO to proceed under the special procedure; because the AO abandoned 153C proceedings and issued a Section 148 notice, the reassessment and resulting assessment were quashed as void ab initio.
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