Minimum Public Offer Requirements set tiered issuer-based allotment minima with mandatory staged public shareholding increases and exchange enforcemen...
Disallowance under tax law for investment expenses cannot be applied mechanically; authority must record clear reasons before increasing assessee's su...
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ITAT held that the subscription and sale of compulsorily convertible debentures were genuine transactions arising from financial compulsion in a distressed family business, not a colourable device to offset capital gains. The Department had not shown that the underlying project, bank borrowings, mortgage of the jointly owned property, CCD subscription through banking channels, or sale based on an independent valuation were sham or collusive. Mere doubt over commercial prudence was insufficient to deny the statutory set-off of the resulting short-term capital loss, and suspicion alone could not justify disallowance. The Revenue's appeals were dismissed.
ITAT held that the subscription and sale of compulsorily convertible debentures were genuine transactions arising from financial compulsion in a distressed family business, not a colourable device to offset capital gains. The Department had not shown that the underlying project, bank borrowings, mortgage of the jointly owned property, CCD subscription through banking channels, or sale based on an independent valuation were sham or collusive. Mere doubt over commercial prudence was insufficient to deny the statutory set-off of the resulting short-term capital loss, and suspicion alone could not justify disallowance. The Revenue's appeals were dismissed.
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