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...
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Reassessment proceedings in search-related group cases were upheld as valid, with initiation and notices sustained following coordinate-bench precedent and applicable procedural provisions. For receipts characterised as unaccounted 'on money', only the profit element is taxable and the appropriate benchmark rate for estimation was fixed at 10%, reducing higher departmental estimates. Unaccounted profit arising on sale of immovable property must be recognised and taxed in the year of actual sale (execution/registration of the sale deed) where risks and rewards transfer; ICDS III was held inapplicable to the assessee. Confirmed estimated unaccounted profit was permitted to be set off (telescoped) against additions for alleged advances/expenses, avoiding double taxation.
Reassessment proceedings in search-related group cases were upheld as valid, with initiation and notices sustained following coordinate-bench precedent and applicable procedural provisions. For receipts characterised as unaccounted 'on money', only the profit element is taxable and the appropriate benchmark rate for estimation was fixed at 10%, reducing higher departmental estimates. Unaccounted profit arising on sale of immovable property must be recognised and taxed in the year of actual sale (execution/registration of the sale deed) where risks and rewards transfer; ICDS III was held inapplicable to the assessee. Confirmed estimated unaccounted profit was permitted to be set off (telescoped) against additions for alleged advances/expenses, avoiding double taxation.
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