Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
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Revenue records prevailed over guideline-value entries in determining whether the land was agricultural, and clear evidence of agricultural classification and activity required exclusion of the land from the definition of capital asset for capital gains tax. The HC held that the Tribunal and first appellate authority misread the material, ignored revenue records, sale deeds, photographs and agricultural income evidence, and wrongly treated the land as non-agricultural; that finding was reversed in favour of the assessee. The Court also held that the Tribunal had jurisdiction to revisit the assessments and entertain appeals from both sides, so its competence was upheld even though its merits reasoning was disapproved.
Revenue records prevailed over guideline-value entries in determining whether the land was agricultural, and clear evidence of agricultural classification and activity required exclusion of the land from the definition of capital asset for capital gains tax. The HC held that the Tribunal and first appellate authority misread the material, ignored revenue records, sale deeds, photographs and agricultural income evidence, and wrongly treated the land as non-agricultural; that finding was reversed in favour of the assessee. The Court also held that the Tribunal had jurisdiction to revisit the assessments and entertain appeals from both sides, so its competence was upheld even though its merits reasoning was disapproved.
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