Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
A donor claiming weighted deduction for payment to an approved scientific research institution was held entitled to relief where the only basis for disallowance was uncorroborated third-party material about alleged wrongdoing by a donee employee. The Tribunal found that payment was made through banking channels, the donation was duly receipted, and approval under section 35(1)(ii) was on record. It held that the donor was not required to prove actual end-use of the funds once payment to an approved institution was established, and that alleged internal irregularities at the donee could not defeat the claim absent proof of nexus, complicity, sham, or return of funds. The disallowance was deleted.
A donor claiming weighted deduction for payment to an approved scientific research institution was held entitled to relief where the only basis for disallowance was uncorroborated third-party material about alleged wrongdoing by a donee employee. The Tribunal found that payment was made through banking channels, the donation was duly receipted, and approval under section 35(1)(ii) was on record. It held that the donor was not required to prove actual end-use of the funds once payment to an approved institution was established, and that alleged internal irregularities at the donee could not defeat the claim absent proof of nexus, complicity, sham, or return of funds. The disallowance was deleted.
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