Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Paragraph (e) of the 1st Schedule to the Finance Act, 2018 permits a domestic company to be taxed at 25% for A.Y. 2018-19 if its total turnover or gross receipts for F.Y. 2015-16 do not exceed the prescribed threshold. The Tribunal noted that the return form for A.Y. 2018-19 did not provide a separate field for that earlier-year turnover, so the claim could not be denied merely for want of disclosure in the form. As the assessee relied on audited financial statements indicating turnover below the limit, the matter required verification of those financials and other relevant material by the Assessing Officer. The impugned order was set aside and the issue remanded for such verification.
Paragraph (e) of the 1st Schedule to the Finance Act, 2018 permits a domestic company to be taxed at 25% for A.Y. 2018-19 if its total turnover or gross receipts for F.Y. 2015-16 do not exceed the prescribed threshold. The Tribunal noted that the return form for A.Y. 2018-19 did not provide a separate field for that earlier-year turnover, so the claim could not be denied merely for want of disclosure in the form. As the assessee relied on audited financial statements indicating turnover below the limit, the matter required verification of those financials and other relevant material by the Assessing Officer. The impugned order was set aside and the issue remanded for such verification.
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