Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
ITAT held that Section 56(2)(x) cannot be applied retrospectively to a property transfer concluded by agreement in 2010; the tribunal accepted uncontested facts that substantial payments and possession occurred after the 2010 agreement and that subsequent registration in 2018 did not convert the pre-existing transaction into one chargeable under that provision. CIT(A)'s technical dismissal on advance-tax and belated return grounds did not address the substantive legal point. Applying the principle that a provision does not apply to agreements concluded prior to its enactment, the addition under Section 56(2)(x) was deleted and the appeal allowed for AY 2018-19.
ITAT held that Section 56(2)(x) cannot be applied retrospectively to a property transfer concluded by agreement in 2010; the tribunal accepted uncontested facts that substantial payments and possession occurred after the 2010 agreement and that subsequent registration in 2018 did not convert the pre-existing transaction into one chargeable under that provision. CIT(A)'s technical dismissal on advance-tax and belated return grounds did not address the substantive legal point. Applying the principle that a provision does not apply to agreements concluded prior to its enactment, the addition under Section 56(2)(x) was deleted and the appeal allowed for AY 2018-19.
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