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...
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Disallowance of a cost of improvement claimed in calculating short-term capital gains, merely because contractor-level documentation is incomplete, does not by itself establish misrepresentation or suppression. Where the improvement work is undisputed and the expenditure has been disclosed in the return and supporting particulars, the income cannot be treated as underreported as a consequence of misreporting. Contractor-level evidence may be unjustified for incidental capital expenditure outside the taxpayer's regular business. The penalty for underreported income under section 270A was quashed.
Disallowance of a cost of improvement claimed in calculating short-term capital gains, merely because contractor-level documentation is incomplete, does not by itself establish misrepresentation or suppression. Where the improvement work is undisputed and the expenditure has been disclosed in the return and supporting particulars, the income cannot be treated as underreported as a consequence of misreporting. Contractor-level evidence may be unjustified for incidental capital expenditure outside the taxpayer's regular business. The penalty for underreported income under section 270A was quashed.
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