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 ...
Section 43CA(3) permits adoption of the stamp duty value on the agreement date where the agreement and registration dates differ, provided consideration or part thereof was received through prescribed banking or electronic modes on or before the agreement date. The Tribunal found the assessee's documents, including allotment letters, registered sale agreements, possession letters, completion-related records and financial statements, had not been properly examined, and held that the 10% safe harbour claim also required verification. The sustained addition was therefore set aside and the matter remanded to the AO for fresh adjudication after examining the evidence and giving the assessee an opportunity of hearing.
Section 43CA(3) permits adoption of the stamp duty value on the agreement date where the agreement and registration dates differ, provided consideration or part thereof was received through prescribed banking or electronic modes on or before the agreement date. The Tribunal found the assessee's documents, including allotment letters, registered sale agreements, possession letters, completion-related records and financial statements, had not been properly examined, and held that the 10% safe harbour claim also required verification. The sustained addition was therefore set aside and the matter remanded to the AO for fresh adjudication after examining the evidence and giving the assessee an opportunity of hearing.
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