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...
Section 54F exemption must be given effect before applying the set-off rules for long-term capital loss under section 70(3). The Tribunal held that capital gains chargeability under section 45(1) is itself subject to the exemption provisions, so where section 54F conditions are satisfied, the eligible gain exits the charging computation to that extent first. Only after capital gains are computed under sections 45 to 55A can section 70(3) operate. On the undisputed figures, the assessee was entitled to section 54F relief on the eligible long-term capital gain and also to carry forward the separate long-term capital loss, so the denial of carry forward was unsustainable.
Section 54F exemption must be given effect before applying the set-off rules for long-term capital loss under section 70(3). The Tribunal held that capital gains chargeability under section 45(1) is itself subject to the exemption provisions, so where section 54F conditions are satisfied, the eligible gain exits the charging computation to that extent first. Only after capital gains are computed under sections 45 to 55A can section 70(3) operate. On the undisputed figures, the assessee was entitled to section 54F relief on the eligible long-term capital gain and also to carry forward the separate long-term capital loss, so the denial of carry forward was unsustainable.
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