Infrastructure facility: energy-efficient public lighting held integral to road projects, qualifying the operator as a developer and eligible for dedu...
Fourth Proviso to Section 153A: extended-period inquiry requires a reasonable, material-based satisfaction that escaped income likely exceeds the thre...
Payments by a trust to related concerns do not automatically attract disallowance under Section 13(1)(c); the statutory test is whether application of income or property results in a direct or indirect benefit to persons specified in Section 13(3), and benefit must be established. Higher profit margins or payments alone are insufficient without comparative or evidential material showing payments were excessive, lacked commercial expediency, or constituted diversion of trust income. Where earlier assessment years with identical facts accepted such payments and there is no change in facts or law, the rule of consistency supports maintaining that view and precludes reopening the transactions under Section 13(1)(c).
Payments by a trust to related concerns do not automatically attract disallowance under Section 13(1)(c); the statutory test is whether application of income or property results in a direct or indirect benefit to persons specified in Section 13(3), and benefit must be established. Higher profit margins or payments alone are insufficient without comparative or evidential material showing payments were excessive, lacked commercial expediency, or constituted diversion of trust income. Where earlier assessment years with identical facts accepted such payments and there is no change in facts or law, the rule of consistency supports maintaining that view and precludes reopening the transactions under Section 13(1)(c).
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