Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Page of 4819
Press 'Enter' after typing page number.
6361 to 6380 of 96365 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
Appellate proceedings cannot be used to introduce a new head of income or enhance an assessment without following the prescribed procedure. Where the original dispute concerned only denial of deduction under section 54F on the basis of alleged multiple residential units and a claimed sham transfer, and the appellate authority accepted that the transfer was lawful, that controversy stood concluded. The further step of taxing the share-sale consideration under section 56 amounted to an unauthorised enhancement and a change in the basis of assessment. The appellate order was therefore unsustainable, and the deduction under section 54F was directed to be allowed.
Appellate proceedings cannot be used to introduce a new head of income or enhance an assessment without following the prescribed procedure. Where the original dispute concerned only denial of deduction under section 54F on the basis of alleged multiple residential units and a claimed sham transfer, and the appellate authority accepted that the transfer was lawful, that controversy stood concluded. The further step of taxing the share-sale consideration under section 56 amounted to an unauthorised enhancement and a change in the basis of assessment. The appellate order was therefore unsustainable, and the deduction under section 54F was directed to be allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4819 
Join Channel 
