Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
The ITAT remitted the question whether the proviso to Section 2(15) applied to the assessee's activities, holding that the CIT(E) had not properly applied the Supreme Court's ratio in ACIT v. Ahmedabad Urban Development Authority. It directed fresh adjudication on whether the assessee's consumer grievance, workshops, research, regulatory reporting and outreach activities fell within the exclusion for services in relation to trade, commerce or business for fee or other consideration, or remained advancement of general public utility. Because the cancellation of registration under Section 12AB and the consequential refusal of approval under Section 80G depended on that issue, both were also remanded for fresh decision.
The ITAT remitted the question whether the proviso to Section 2(15) applied to the assessee's activities, holding that the CIT(E) had not properly applied the Supreme Court's ratio in ACIT v. Ahmedabad Urban Development Authority. It directed fresh adjudication on whether the assessee's consumer grievance, workshops, research, regulatory reporting and outreach activities fell within the exclusion for services in relation to trade, commerce or business for fee or other consideration, or remained advancement of general public utility. Because the cancellation of registration under Section 12AB and the consequential refusal of approval under Section 80G depended on that issue, both were also remanded for fresh decision.
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