Permanent establishment tests: independent subsidiary premises and principal-to-principal dealings did not create Indian taxability for offshore suppl...
Valuation Officer estimates govern property-value additions once statutory valuation is invoked, requiring fresh consideration of objections and compa...
Waiver of written show-cause notice may prevent a later procedural challenge after participation in customs adjudication, preserving statutory appella...
Retrospective invalidity of ocean-freight IGST supports refunds despite non-party status and prior credit utilisation, subject to authorised appeal gr...
Additional evidence in departmental appeals may include show-cause-notice material without introducing a new case where it merely corroborates existin...
Reasoned rectification orders require consideration of expenditure disclosed in income-tax returns, preventing revision based on incomplete income com...
Modified returns after business reorganisations cannot trigger fresh scrutiny once the original assessment was complete, invalidating related transfer...
Third-party loose sheets require reliable nexus before supporting unexplained expenditure additions; presumptions do not establish payer identity or o...
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Agricultural land located within municipal limits is a capital asset, while aerial-distance and population criteria apply only to land outside those limits. Municipal jurisdiction on the transfer date must be established through underlying official material rather than an unproduced report, requiring fresh verification. An agricultural-land reinvestment exemption may be claimed for the first time before the Tribunal where relevant facts are already on record, but depends on proof of prior agricultural use and the qualifying purpose of replacement land. Stamp-duty valuation adjustment on purchase also requires reconsideration after determining whether the taxpayer disputes the value. All issues require fresh adjudication after evidence and hearing.
Agricultural land located within municipal limits is a capital asset, while aerial-distance and population criteria apply only to land outside those limits. Municipal jurisdiction on the transfer date must be established through underlying official material rather than an unproduced report, requiring fresh verification. An agricultural-land reinvestment exemption may be claimed for the first time before the Tribunal where relevant facts are already on record, but depends on proof of prior agricultural use and the qualifying purpose of replacement land. Stamp-duty valuation adjustment on purchase also requires reconsideration after determining whether the taxpayer disputes the value. All issues require fresh adjudication after evidence and hearing.
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