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 ...
Enhancement of short-term capital gains based on a departmental valuation failed because the Valuation Officer did not serve the statutory notice or afford the assessee an opportunity to object to the proposed fair market value. The Tribunal treated this as a procedural defect and denial of natural justice, so the valuation report could not be acted upon. The matter was remanded to the Assessing Officer for de novo adjudication after obtaining a fresh valuation report in accordance with law, and the appellate order on this point was set aside.
Enhancement of short-term capital gains based on a departmental valuation failed because the Valuation Officer did not serve the statutory notice or afford the assessee an opportunity to object to the proposed fair market value. The Tribunal treated this as a procedural defect and denial of natural justice, so the valuation report could not be acted upon. The matter was remanded to the Assessing Officer for de novo adjudication after obtaining a fresh valuation report in accordance with law, and the appellate order on this point was set aside.
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