Time Relevance of Expense: commission deductible when incurred; restructuring transfers, lease obligations upheld; unenforceable sale agreement bars l...
Abuse of dominant position allegations against an exchange found not prima facie; regulator reliance on sectoral expertise upheld and no investigation...
Regulatory consolidation for investment advisers: SEBI issues master circular consolidating guidance and prescribing compliance, reporting, fees and s...
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A technical defect in the CBDT-prescribed format of notice under section 143(2) was held insufficient, by itself, to invalidate the assessment, as the format instruction was not binding on the Tribunal. On merits, cash receipts arising from accepted sales and recorded trade debtors could not be treated as unexplained money under section 69A where the books, sale bills and purchase records showed genuine business transactions; an addition based only on the cash-sales-to-cash-deposit ratio during demonetisation was rejected, and double taxation of the same business receipts was impermissible. The Tribunal also held that section 68 could not be invoked for credits representing realisation of existing trade debtors, not fresh loans or advances, so that addition was deleted.
A technical defect in the CBDT-prescribed format of notice under section 143(2) was held insufficient, by itself, to invalidate the assessment, as the format instruction was not binding on the Tribunal. On merits, cash receipts arising from accepted sales and recorded trade debtors could not be treated as unexplained money under section 69A where the books, sale bills and purchase records showed genuine business transactions; an addition based only on the cash-sales-to-cash-deposit ratio during demonetisation was rejected, and double taxation of the same business receipts was impermissible. The Tribunal also held that section 68 could not be invoked for credits representing realisation of existing trade debtors, not fresh loans or advances, so that addition was deleted.
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