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...
Royalty on export sales required fresh examination because the Tribunal found that the source of income must be distinguished from the source of receipt, but the Assessing Officer had not fully verified where the export contracts were concluded or whether the royalty was taxed in another jurisdiction; the issue was remanded without final merits adjudication. Management support services were held not to be fee for technical services under the India-Singapore DTAA because that agreement operated independently from the royalty/licensing arrangement, and the assessee succeeded on that issue for all years. On reimbursement of expenses, the DRP lacked power under section 144C(8) to direct further enquiry and fresh determination by the Assessing Officer, so those directions were invalid and the related addition for AY 2022-23 was deleted.
Royalty on export sales required fresh examination because the Tribunal found that the source of income must be distinguished from the source of receipt, but the Assessing Officer had not fully verified where the export contracts were concluded or whether the royalty was taxed in another jurisdiction; the issue was remanded without final merits adjudication. Management support services were held not to be fee for technical services under the India-Singapore DTAA because that agreement operated independently from the royalty/licensing arrangement, and the assessee succeeded on that issue for all years. On reimbursement of expenses, the DRP lacked power under section 144C(8) to direct further enquiry and fresh determination by the Assessing Officer, so those directions were invalid and the related addition for AY 2022-23 was deleted.
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