International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Protective assessment is permissible only where there is uncertainty as to the person chargeable to tax, and a corresponding substantive assessment must exist in the hands of the real owner of the income. The Tribunal held that the conversion of a protective addition into a substantive addition was unsustainable without a clear finding, supported by material, that the income was assessable in the assessee's hands rather than his wife's. The claim for exemption under section 54F also required fresh factual examination for compliance with statutory conditions, and TDS credit could not be denied merely for PAN mismatch if the related income had been offered to tax, subject to verification. The matter was restored to the AO for fresh adjudication.
Protective assessment is permissible only where there is uncertainty as to the person chargeable to tax, and a corresponding substantive assessment must exist in the hands of the real owner of the income. The Tribunal held that the conversion of a protective addition into a substantive addition was unsustainable without a clear finding, supported by material, that the income was assessable in the assessee's hands rather than his wife's. The claim for exemption under section 54F also required fresh factual examination for compliance with statutory conditions, and TDS credit could not be denied merely for PAN mismatch if the related income had been offered to tax, subject to verification. The matter was restored to the AO for fresh adjudication.
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