Deductibility for charitable donations affirmed where payments to approved relief funds, even if CSR-driven, qualify under the donation deduction sche...
Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Reopening of assessment was upheld where the recorded reasons showed fresh tangible material from impounded documents and a director's statement, and the assessee had not fully disclosed the crucial Clause 7 entitlement to 35% of gross sale receipts; no earlier opinion on the receipt's true character had been formed, so change of opinion did not apply. The Court also held that reopening must stand or fall on the recorded reasons alone. On the merits, the assessee's 35% entitlement under the AOP agreement was not a share of profit, because it arose from gross receipts before project expenses and was diverted by overriding title; it was therefore taxable as business income.
Reopening of assessment was upheld where the recorded reasons showed fresh tangible material from impounded documents and a director's statement, and the assessee had not fully disclosed the crucial Clause 7 entitlement to 35% of gross sale receipts; no earlier opinion on the receipt's true character had been formed, so change of opinion did not apply. The Court also held that reopening must stand or fall on the recorded reasons alone. On the merits, the assessee's 35% entitlement under the AOP agreement was not a share of profit, because it arose from gross receipts before project expenses and was diverted by overriding title; it was therefore taxable as business income.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
