Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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Section 79 did not bar the set off of brought forward business losses where the persons beneficially holding more than 51% of the voting power continued to hold that voting power on the relevant date; on the uncontroverted facts, the disqualifying change in shareholding was absent and the Revenue's challenge failed. An appellate authority could also entertain a lawful additional depreciation claim raised through a revised computation, because the restriction in Goetze (India) Ltd. applies only to the Assessing Officer and does not limit appellate powers. The Tribunal upheld allowance of both claims and dismissed the Revenue's appeal.
Section 79 did not bar the set off of brought forward business losses where the persons beneficially holding more than 51% of the voting power continued to hold that voting power on the relevant date; on the uncontroverted facts, the disqualifying change in shareholding was absent and the Revenue's challenge failed. An appellate authority could also entertain a lawful additional depreciation claim raised through a revised computation, because the restriction in Goetze (India) Ltd. applies only to the Assessing Officer and does not limit appellate powers. The Tribunal upheld allowance of both claims and dismissed the Revenue's appeal.
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