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 ...
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The HC held that the Tribunal could not dismiss the assessee's appeal without adjudicating the substantive grounds on merits. Reliance on the time taken by the CIT(A) to dispose of the appeal was an irrelevant consideration, especially in light of the disruption and backlog caused during the Covid-19 period. Because the Tribunal decided the matter on a basis unrelated to the merits of the controversy, its order was unsustainable. The order was set aside and the matter was remanded to the Tribunal for fresh disposal on merits after consideration of all grounds raised by the assessee.
The HC held that the Tribunal could not dismiss the assessee's appeal without adjudicating the substantive grounds on merits. Reliance on the time taken by the CIT(A) to dispose of the appeal was an irrelevant consideration, especially in light of the disruption and backlog caused during the Covid-19 period. Because the Tribunal decided the matter on a basis unrelated to the merits of the controversy, its order was unsustainable. The order was set aside and the matter was remanded to the Tribunal for fresh disposal on merits after consideration of all grounds raised by the assessee.
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