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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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A resident individual under the new tax regime was held entitled to rebate under section 87A even though part of the income was short-term capital gains taxed under section 111A, because neither section 87A nor section 111A contained an express exclusion for such income in the relevant assessment year. The Tribunal applied earlier coordinate-bench rulings, reasoning that the new-regime provision governs tax computation while the rebate continues to apply to the tax so computed unless specifically barred by law. As the Revenue showed no change in facts or law and no contrary material, the disallowance of rebate was deleted for AY 2024-25.
A resident individual under the new tax regime was held entitled to rebate under section 87A even though part of the income was short-term capital gains taxed under section 111A, because neither section 87A nor section 111A contained an express exclusion for such income in the relevant assessment year. The Tribunal applied earlier coordinate-bench rulings, reasoning that the new-regime provision governs tax computation while the rebate continues to apply to the tax so computed unless specifically barred by law. As the Revenue showed no change in facts or law and no contrary material, the disallowance of rebate was deleted for AY 2024-25.
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