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...
Foundational facts supported invocation of the extended period under GST Section 74, because the notices set out detailed allegations of incorrect valuation, inadmissible credit-note adjustment and short payment of tax, backed by investigation material and prior intimation; the writ challenge was therefore rejected as the disputed factual issues were not fit for writ review. Prior audit and earlier investigation did not defeat jurisdiction, because audit under Section 65 is distinct from a pan-India DGGI investigation, and overlap alone did not invalidate notices where separate grounds of evasion were alleged. The proceedings were held maintainable and the taxpayer was directed to reply before the adjudicating authority.
Foundational facts supported invocation of the extended period under GST Section 74, because the notices set out detailed allegations of incorrect valuation, inadmissible credit-note adjustment and short payment of tax, backed by investigation material and prior intimation; the writ challenge was therefore rejected as the disputed factual issues were not fit for writ review. Prior audit and earlier investigation did not defeat jurisdiction, because audit under Section 65 is distinct from a pan-India DGGI investigation, and overlap alone did not invalidate notices where separate grounds of evasion were alleged. The proceedings were held maintainable and the taxpayer was directed to reply before the adjudicating authority.
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