Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Customs jurisdiction defined for Principal Commissioner, Vishakhapatnam, covering specified ports, districts and India's adjacent EEZ; effective on pu...
ITAT held that the deeming fiction of deemed valuation cannot be invoked where the stamp valuation is demonstrably erroneous and subsequently rectified; the original inflated stamp duty value lost sanctity and the addition under the deeming provision was deleted. On the beneficial exemption, the tribunal applied substance-over-form: for under construction flats purchased from a builder the acquisition is substantially effected on completion and possession within the statutory period, and the proviso excluding the exemption for ownership of more than one house was not attracted on the admitted facts; exemption under the residential capital gains provision allowed. Consequentially the penalty based solely on the deleted additions was deleted.
ITAT held that the deeming fiction of deemed valuation cannot be invoked where the stamp valuation is demonstrably erroneous and subsequently rectified; the original inflated stamp duty value lost sanctity and the addition under the deeming provision was deleted. On the beneficial exemption, the tribunal applied substance-over-form: for under construction flats purchased from a builder the acquisition is substantially effected on completion and possession within the statutory period, and the proviso excluding the exemption for ownership of more than one house was not attracted on the admitted facts; exemption under the residential capital gains provision allowed. Consequentially the penalty based solely on the deleted additions was deleted.
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