Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Where immovable property was transferred under a registered agreement to sell cum irrevocable power of attorney, with full consideration received and possession already handed over, the Tribunal treated the sale proceeds as linked to that land and not as a separate basis for retaining equivalent-value attachment of other assets. It held that the Enforcement Directorate could proceed against the land itself after due process and notice to the buyer, and that the attached movable property was to be released if the appellants furnished an undertaking disclaiming any claim over the land; otherwise, the attachment would continue. The separate provisional attachment of seized cash was unsustained because no independent justification was shown.
Where immovable property was transferred under a registered agreement to sell cum irrevocable power of attorney, with full consideration received and possession already handed over, the Tribunal treated the sale proceeds as linked to that land and not as a separate basis for retaining equivalent-value attachment of other assets. It held that the Enforcement Directorate could proceed against the land itself after due process and notice to the buyer, and that the attached movable property was to be released if the appellants furnished an undertaking disclaiming any claim over the land; otherwise, the attachment would continue. The separate provisional attachment of seized cash was unsustained because no independent justification was shown.
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