Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
The determinative test under section 2(1A) was whether the receipt arose from agricultural operations on cultivated land, not whether the rubber trees were originally planted by the assessee. On the factual finding that regular agricultural operations were carried on in the plantation, the sale proceeds from old and unproductive trees removed during replantation retained their agricultural character. Felling such trees was treated as an integral incident of plantation agriculture and not as a separate commercial timber transaction, even though the assessee also carried on timber business. The Tribunal held the receipt exempt under section 10(1), and left the alternative capital gains plea open as unnecessary.
The determinative test under section 2(1A) was whether the receipt arose from agricultural operations on cultivated land, not whether the rubber trees were originally planted by the assessee. On the factual finding that regular agricultural operations were carried on in the plantation, the sale proceeds from old and unproductive trees removed during replantation retained their agricultural character. Felling such trees was treated as an integral incident of plantation agriculture and not as a separate commercial timber transaction, even though the assessee also carried on timber business. The Tribunal held the receipt exempt under section 10(1), and left the alternative capital gains plea open as unnecessary.
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