Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Deduction under section 35AD could not be denied merely because Form No. 10CCB was not filed with the return, where the audit report was furnished before completion of the fresh assessment proceedings. The Tribunal treated the filing requirement as directory, relying on precedent that submission before assessment completion is sufficient. It rejected the Revenue's distinction between original and fresh assessment under section 263, holding that restored proceedings are to be considered afresh and all material filed before completion must be examined. The assessee's disclosure of the claim in the return and tax audit report, together with waiver of depreciation, supported substantive compliance, so the disallowance was unsustainable.
Deduction under section 35AD could not be denied merely because Form No. 10CCB was not filed with the return, where the audit report was furnished before completion of the fresh assessment proceedings. The Tribunal treated the filing requirement as directory, relying on precedent that submission before assessment completion is sufficient. It rejected the Revenue's distinction between original and fresh assessment under section 263, holding that restored proceedings are to be considered afresh and all material filed before completion must be examined. The assessee's disclosure of the claim in the return and tax audit report, together with waiver of depreciation, supported substantive compliance, so the disallowance was unsustainable.
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