The issue was whether telecom and O&M service receipts are taxable as royalty/FTS in India. The tribunal held they are business profits and not taxable without a PE, granting relief.
The tribunal examined whether depreciation can be claimed on concession rights under a BOT/DBFOT project. It held that the right to receive annuity/toll is an intangible asset eligible for depreciation under tax law.
ITAT found that assessment and appeal orders were passed without proper opportunity due to communication issues. The case was remanded for fresh adjudication after granting fair hearing.
ITAT Mumbai deleted Section 69 addition for alleged on-money as no direct evidence linked assessee. Pen drive data lacked Section 65B proof and cross-exam was denied, rendering addition unsustainable.
The Tribunal upheld relief where the assessee provided proof of agricultural activities and income. It rejected additions based solely on statements without investigation. The case underscores the importance of documentary support.
The Tribunal held that total investment in the new property must be considered for exemption, not just payments within one year. It allowed full capital gains exemption as conditions were substantially met.
ITAT Mumbai deleted Section 69 addition on alleged on-money, holding third-party statements and unverified pen drive data lack evidentiary value without corroboration or cross-examination, upholding natural justice.
The Tribunal held that deposit in the capital gains scheme is not required if the entire amount is invested before filing the return. The claim was allowed subject to verification.
The Tribunal noted that statements relied upon were later retracted and lacked corroboration. It held that such statements cannot form sole basis of addition. The ruling emphasizes need for supporting evidence in tax proceedings.
The issue was whether reassessment initiated by a non-jurisdictional AO is valid. The tribunal held that proceedings are void ab initio when jurisdiction had already been transferred under Section 127.
