Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
Ratification of resignation acceptance validates separation retrospectively, while withdrawal may be refused through reasoned administrative discretio...
A securitisation trust under the SARFAESI and RBI framework was treated as a revocable trust where the deed allowed re-transfer of the trust fund and re-assumption of control by Security Receipt Holders; the trust income was therefore assessed in the hands of the beneficiaries and not the trust itself. The Tribunal also held that such a statutorily structured trust was not an Association of Persons, since the beneficiaries were identifiable and their shares were determinable from the governing documents and contribution records. On that basis, the attempt to tax the trust as an indeterminate entity failed and the additions made on that footing were deleted.
A securitisation trust under the SARFAESI and RBI framework was treated as a revocable trust where the deed allowed re-transfer of the trust fund and re-assumption of control by Security Receipt Holders; the trust income was therefore assessed in the hands of the beneficiaries and not the trust itself. The Tribunal also held that such a statutorily structured trust was not an Association of Persons, since the beneficiaries were identifiable and their shares were determinable from the governing documents and contribution records. On that basis, the attempt to tax the trust as an indeterminate entity failed and the additions made on that footing were deleted.
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