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...
Assessment in the earlier company name was held valid where the assessee's own communications continued to use the old name, creating a bona fide impression on the tax authority; consequently the assessment was not void. Separately, additions treating subscribed share capital and premium as not genuine were sustained because the offered valuation was unacceptable, investor creditworthiness and non-responses were unsatisfactory, and the transactional sequence indicated profiteering through transfer; therefore the premium component was disallowed and additions upheld under the tax provisions addressing non-genuine share allotments and deemed income.
Assessment in the earlier company name was held valid where the assessee's own communications continued to use the old name, creating a bona fide impression on the tax authority; consequently the assessment was not void. Separately, additions treating subscribed share capital and premium as not genuine were sustained because the offered valuation was unacceptable, investor creditworthiness and non-responses were unsatisfactory, and the transactional sequence indicated profiteering through transfer; therefore the premium component was disallowed and additions upheld under the tax provisions addressing non-genuine share allotments and deemed income.
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