Embezzlement losses in charitable institutions remain allowable when misappropriation is established, irrecoverable, and not a specified-person benefi...
National long-distance undertaking status supports deduction where separately licensed infrastructure, resources, revenue, and expenditure establish c...
Agency reimbursement income follows contractual deposit-liability computation, while pending deposit collections do not constitute deemed-dividend loa...
Membership-consent thresholds for oppression petitions are satisfied by unchallenged voter-list consents, while unsupported forgery claims require pro...
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Gains from share and securities sales retained their capital-gains character because no factual distinction from later assessment years justified recharacterisation as business income. Import-purchase payments to a Japanese non-resident associated enterprise remained free from withholding-tax disallowance, as identical later-year determinations governed the issue. Rule 8D could not support an additional section 14A administrative-expenditure disallowance unless the Assessing Officer examined the accounts, recorded dissatisfaction with the taxpayer's own disallowance, and identified expenditure related to exempt income. Formulaic application without these steps required deletion of the additional disallowance. The Revenue's appeal failed, while the taxpayer's appeal succeeded on section 14A.
Gains from share and securities sales retained their capital-gains character because no factual distinction from later assessment years justified recharacterisation as business income. Import-purchase payments to a Japanese non-resident associated enterprise remained free from withholding-tax disallowance, as identical later-year determinations governed the issue. Rule 8D could not support an additional section 14A administrative-expenditure disallowance unless the Assessing Officer examined the accounts, recorded dissatisfaction with the taxpayer's own disallowance, and identified expenditure related to exempt income. Formulaic application without these steps required deletion of the additional disallowance. The Revenue's appeal failed, while the taxpayer's appeal succeeded on section 14A.
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