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...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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Ad hoc disallowance of alleged bogus purchases was held unsustainable where purchases were recorded, paid through banking channels and supported by invoices, transport records and stock data, and the books were not rejected. Warranty expenditure was allowed on the basis of consistent accounting treatment, business nexus and absence of incriminating material. Commission expenditure was also allowed because payments were banked, tax was deducted at source and the same disallowance had earlier been deleted without further challenge. In search-related reassessment, the special statutory route prevailed over general scrutiny assessment, and non-compliance with the mandatory procedure rendered the assessments without jurisdiction. Cash found during search could not be telescoped against unaccounted sales, but excess finished stock was telescoped against undisclosed business income.
Ad hoc disallowance of alleged bogus purchases was held unsustainable where purchases were recorded, paid through banking channels and supported by invoices, transport records and stock data, and the books were not rejected. Warranty expenditure was allowed on the basis of consistent accounting treatment, business nexus and absence of incriminating material. Commission expenditure was also allowed because payments were banked, tax was deducted at source and the same disallowance had earlier been deleted without further challenge. In search-related reassessment, the special statutory route prevailed over general scrutiny assessment, and non-compliance with the mandatory procedure rendered the assessments without jurisdiction. Cash found during search could not be telescoped against unaccounted sales, but excess finished stock was telescoped against undisclosed business income.
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