The tribunal held that taxing the full sale consideration as short-term capital gain without allowing cost of acquisition is legally incorrect. Capital gains must be computed on net gains, not gross receipts.
Although the Revenue followed the new reassessment procedure, the notice was issued beyond the allowable time. The Tribunal set aside the reassessment as void ab initio.
The tribunal held that reassessment under Section 153C cannot stand without valid satisfaction as mandated by law. Failure to examine this jurisdictional issue vitiates the proceedings.
Courts below treated an agreement to sell as a conveyance due to possession with the buyer. The Supreme Court ruled that without express or implied surrender of tenancy, no deemed conveyance arises.
The tribunal held that estimating commission income at 1% without verifying the existence of a genuine Shroff business was legally unsustainable. The matter was remanded for fresh examination by the Assessing Officer.
The tribunal held that refusal to condone delay defeats substantial justice when reasonable cause exists. Delay was directed to be condoned and appeal heard on merits.
Where funds were merely routed through the assessee’s bank account, the tribunal ruled that only commission income is taxable. The earlier 2% estimation was reduced to 1.5% as more reasonable.
The tribunal held that appellate orders passed ex-parte without examining merits violate natural justice. Matters were restored for fresh adjudication after giving proper hearing.
The Supreme Court held that a suit for mandatory injunction is not maintainable where title, possession, and identity of land are seriously disputed. In such cases, the proper remedy is a suit for possession or declaration, not injunction alone.
The Supreme Court held that a joint committee is mandatory only when removal motions are admitted in both Houses. If admitted in one House alone, the Speaker or Chairman can validly constitute a committee.
