Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
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A personal guarantor remained liable where he had signed the loan sanction letter as guarantor and executed the guarantee documents, and the debt, default and NPA status were undisputed; a separate deed of guarantee was not necessary, so the challenge to the maintainability of the personal guarantor proceedings failed. The belated plea of duress was rejected because the documents were not timely disputed and the objection arose only after default and insolvency steps began. On the Section 99 issue, the resolution professional's report was held to be recommendatory, so its absence before admission did not invalidate the proceedings where the foundational facts were already established. Admission of the application was upheld.
A personal guarantor remained liable where he had signed the loan sanction letter as guarantor and executed the guarantee documents, and the debt, default and NPA status were undisputed; a separate deed of guarantee was not necessary, so the challenge to the maintainability of the personal guarantor proceedings failed. The belated plea of duress was rejected because the documents were not timely disputed and the objection arose only after default and insolvency steps began. On the Section 99 issue, the resolution professional's report was held to be recommendatory, so its absence before admission did not invalidate the proceedings where the foundational facts were already established. Admission of the application was upheld.
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