Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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Extended limitation was unavailable because the disputes arose from interpretational issues, the contracts were public projects reflected in the records, and there was no cogent material showing suppression or intent to evade; demands beyond the normal period were therefore time-barred. Works contract exemption was allowed for construction of the FCI food grain godown and the Integrated Farmers' Market Complex, as both were public infrastructure projects falling within the relevant exemption entries and not shown to be predominantly commercial. The mobilization advance demand failed because it was a recoverable, interest-bearing contractual accommodation and was also time-barred. Statutory trade licence fees were treated as a regulatory levy, not taxable consideration, and the penalty for suppression was set aside. The appeal succeeded in full.
Extended limitation was unavailable because the disputes arose from interpretational issues, the contracts were public projects reflected in the records, and there was no cogent material showing suppression or intent to evade; demands beyond the normal period were therefore time-barred. Works contract exemption was allowed for construction of the FCI food grain godown and the Integrated Farmers' Market Complex, as both were public infrastructure projects falling within the relevant exemption entries and not shown to be predominantly commercial. The mobilization advance demand failed because it was a recoverable, interest-bearing contractual accommodation and was also time-barred. Statutory trade licence fees were treated as a regulatory levy, not taxable consideration, and the penalty for suppression was set aside. The appeal succeeded in full.
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