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...
TDS credit cannot be denied in scrutiny assessment where the Revenue had already rectified the earlier intimation and granted the credit, leaving no surviving dispute on the same claim. The Tribunal held that the Assessing Officer overlooked the rectification order and that, in the absence of any asserted mismatch, deficiency in the claim, or failure to offer the corresponding income, the assessee remained entitled to the tax credit actually prepaid by TDS. The consequential interest levied under sections 234A and 234B was therefore deleted.
TDS credit cannot be denied in scrutiny assessment where the Revenue had already rectified the earlier intimation and granted the credit, leaving no surviving dispute on the same claim. The Tribunal held that the Assessing Officer overlooked the rectification order and that, in the absence of any asserted mismatch, deficiency in the claim, or failure to offer the corresponding income, the assessee remained entitled to the tax credit actually prepaid by TDS. The consequential interest levied under sections 234A and 234B was therefore deleted.
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