Co-operative society's mandatory reserve and share capital fixed deposits with banks-interest treated as business income under 80P(2)(a)(iii) deductio...
Income tax reassessment reopening after four years on investigation tip, without s.147 proviso disclosure failure, struck down as borrowed satisfactio...
Tribunal applied the commercial and accounting principle that sale of stock-in-trade is recognised when possession is handed over and consideration is received, and held that later formal registration does not create accrual of business income in a subsequent year. On the undisputed facts the assessee received consideration and delivered possession in the earlier year, VAT assessment corroborated that recognition, and the assessing officer failed to demonstrate any accrual in the impugned year. A provision akin to replacement-value assessment was inapplicable where no transfer occurred in the impugned year, and the same income cannot be taxed twice; revenue's appeal was dismissed.
Tribunal applied the commercial and accounting principle that sale of stock-in-trade is recognised when possession is handed over and consideration is received, and held that later formal registration does not create accrual of business income in a subsequent year. On the undisputed facts the assessee received consideration and delivered possession in the earlier year, VAT assessment corroborated that recognition, and the assessing officer failed to demonstrate any accrual in the impugned year. A provision akin to replacement-value assessment was inapplicable where no transfer occurred in the impugned year, and the same income cannot be taxed twice; revenue's appeal was dismissed.
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