Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Section 35DDA payments linked to voluntary retirement schemes are amortisable over five years, but terminal benefits like gratuity and leave encashment are distinct service-linked benefits and are allowable in full where separately identified; denial based on later-enacted payment-timing provisions was rejected. Consideration for assignment of self-generated trademarks before the prospective amendment bringing trademarks within capital asset definition is a capital receipt because acquisition cost cannot be ascertained. Compensation for transfer of marketing rights and related know how is capital where the transfer extinguishes the assessee's income earning apparatus and deprives it of future exploitation rights.
Section 35DDA payments linked to voluntary retirement schemes are amortisable over five years, but terminal benefits like gratuity and leave encashment are distinct service-linked benefits and are allowable in full where separately identified; denial based on later-enacted payment-timing provisions was rejected. Consideration for assignment of self-generated trademarks before the prospective amendment bringing trademarks within capital asset definition is a capital receipt because acquisition cost cannot be ascertained. Compensation for transfer of marketing rights and related know how is capital where the transfer extinguishes the assessee's income earning apparatus and deprives it of future exploitation rights.
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