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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Binding coordinate Bench orders in the assessee's own case had already directed grant of approval for exemption under section 10(23C)(vi) from assessment year 2018-19 onwards, and that earlier determination could not be displaced by a later administrative error. The Commissioner (Exemptions) had incorrectly recorded that sections 11 and 12 applied, but the Tribunal held that this mistake did not override the prior directions. The Revenue's argument that the application date confined relief to assessment year 2019-20 was rejected because judicial discipline required following the earlier view on entitlement for assessment year 2018-19. The Assessing Officer was directed to give effect to exemption under section 10(23C)(vi).
Binding coordinate Bench orders in the assessee's own case had already directed grant of approval for exemption under section 10(23C)(vi) from assessment year 2018-19 onwards, and that earlier determination could not be displaced by a later administrative error. The Commissioner (Exemptions) had incorrectly recorded that sections 11 and 12 applied, but the Tribunal held that this mistake did not override the prior directions. The Revenue's argument that the application date confined relief to assessment year 2019-20 was rejected because judicial discipline required following the earlier view on entitlement for assessment year 2018-19. The Assessing Officer was directed to give effect to exemption under section 10(23C)(vi).
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