Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Disallowance of construction cost for capital gains was overturned where the assessee produced the contractor's confirmation, a cost breakup, identity documents and an income-tax return evidencing the contractor's involvement; the AO had not doubted the work but made an ad hoc 50% reduction without identifying any cogent defect in the contractor's confirmation or the breakup. The Tribunal held that the contractor's confirmation and supporting particulars carried evidentiary weight and could not be summarily disregarded, and accordingly deleted the addition arising from the 50% disallowance.
Disallowance of construction cost for capital gains was overturned where the assessee produced the contractor's confirmation, a cost breakup, identity documents and an income-tax return evidencing the contractor's involvement; the AO had not doubted the work but made an ad hoc 50% reduction without identifying any cogent defect in the contractor's confirmation or the breakup. The Tribunal held that the contractor's confirmation and supporting particulars carried evidentiary weight and could not be summarily disregarded, and accordingly deleted the addition arising from the 50% disallowance.
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