The Tribunal held that rights received under a joint development agreement are not free but exchanged for land. Indexed cost must therefore be allowed while computing capital gains.
The Tribunal ruled that once additional evidence is admitted, the appellate authority must adjudicate it on merits. Absence of a speaking order required the matter to be remanded for fresh consideration.
The Tribunal held that once sales are accepted, corresponding purchases cannot be treated as bogus. Disallowance based only on supplier non-compliance was held unsustainable.
The case examined whether tax authorities could deny working capital adjustment despite clear prior directions of the Tribunal. The ITAT held that such directions are binding and must be implemented in letter and spirit. Once the adjustment was granted, the assessee’s margin fell within the permissible arm’s length rang
The Tribunal noted that share application money in the first year requires proper enquiry before invoking Section 68. Additions were deleted as statutory conditions were satisfied.
The Tribunal held that the entire political donation could not be treated as bogus in the absence of incriminating evidence. To balance equities, only 10% of the alleged on-money was directed to be taxed on an estimated basis.
The Tribunal held that minor delays in depositing employees’ PF during the COVID-19 lockdown do not warrant disallowance. Considering extraordinary circumstances and statutory relaxations, the deduction was allowed despite the Checkmate ruling.
Interest was disallowed solely because the payee had not declared it. The Tribunal relied on Form 26AS showing payment and TDS to allow the claim. The ruling underscores documentary evidence over conjecture.
The Tribunal held that cash deposited during demonetisation was supported by evidence of cash sales and debtor collections. Once the source was substantiated, addition under Section 68 was unsustainable.
The Tribunal observed serious procedural lapses, including reliance on an unsigned third-party ledger and denial of cross-examination. To balance equities, only an estimated profit portion was brought to tax.
