Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
The ITAT held that the enhanced leave encashment exemption ceiling of Rs. 25 lakhs could not be applied retrospectively to an employee who retired before 01.04.2023. Following the Kerala High Court view in Ramesan P. A. v. Union of India, the Tribunal accepted that extending the benefit to earlier retirees lay within the executive domain and could not be directed by the Court. The assessee's exemption was therefore confined to Rs. 3 lakhs, and the Assessing Officer's consequential addition was sustained.
The ITAT held that the enhanced leave encashment exemption ceiling of Rs. 25 lakhs could not be applied retrospectively to an employee who retired before 01.04.2023. Following the Kerala High Court view in Ramesan P. A. v. Union of India, the Tribunal accepted that extending the benefit to earlier retirees lay within the executive domain and could not be directed by the Court. The assessee's exemption was therefore confined to Rs. 3 lakhs, and the Assessing Officer's consequential addition was sustained.
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