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...
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Compensation awarded under an arbitral award made under Section 3G(5) of the National Highways Act, 1956 was stated to be exempt from TDS in view of Section 96 of the 2013 Land Acquisition Act, which the Court treated as applicable to post-enactment compensation, including acquisitions under the National Highways Act. It further noted that Section 194LA of the Income-tax Act did not require deduction for agricultural land and that the later proviso and CBDT circular only clarified the statutory exemption. Once the compensation was crystallised into a judgment debt, it had to be paid in full without deduction, and any amount already deducted was to be redeposited for disbursement to the claimants.
Compensation awarded under an arbitral award made under Section 3G(5) of the National Highways Act, 1956 was stated to be exempt from TDS in view of Section 96 of the 2013 Land Acquisition Act, which the Court treated as applicable to post-enactment compensation, including acquisitions under the National Highways Act. It further noted that Section 194LA of the Income-tax Act did not require deduction for agricultural land and that the later proviso and CBDT circular only clarified the statutory exemption. Once the compensation was crystallised into a judgment debt, it had to be paid in full without deduction, and any amount already deducted was to be redeposited for disbursement to the claimants.
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