Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Cash received over and above the registered sale consideration on transfer of jointly owned immovable properties was treated as additional sale consideration, not unexplained money. Section 69A applies only where a person is found to be owner of unrecorded money and cannot satisfactorily explain its nature and source; here, the Assessing Officer had accepted the receipt as on-money from the buyers. Because the source was identified as part of the sale transaction, the amount could not be taxed as unexplained money merely because it was received in cash and omitted from the sale deed. The capital gains computation had to be recomputed in each co-owner's hands according to their share.
Cash received over and above the registered sale consideration on transfer of jointly owned immovable properties was treated as additional sale consideration, not unexplained money. Section 69A applies only where a person is found to be owner of unrecorded money and cannot satisfactorily explain its nature and source; here, the Assessing Officer had accepted the receipt as on-money from the buyers. Because the source was identified as part of the sale transaction, the amount could not be taxed as unexplained money merely because it was received in cash and omitted from the sale deed. The capital gains computation had to be recomputed in each co-owner's hands according to their share.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
