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...
A writ petition may be entertained against a show-cause notice where the challenge concerns jurisdiction and discloses a prima facie case, despite pending statutory proceedings. The authority is not prevented from considering and deciding the notice; however, the affected parties must participate in the proceedings, while enforcement of any resulting decision may be restrained pending disposal of the writ petition or further orders. The court does not determine the merits of the underlying jurisdictional objection at this stage, including the scope of the relevant notification or the authority to issue the notice under Section 73. The arrangement preserves participation in adjudication while providing interim protection against enforcement.
A writ petition may be entertained against a show-cause notice where the challenge concerns jurisdiction and discloses a prima facie case, despite pending statutory proceedings. The authority is not prevented from considering and deciding the notice; however, the affected parties must participate in the proceedings, while enforcement of any resulting decision may be restrained pending disposal of the writ petition or further orders. The court does not determine the merits of the underlying jurisdictional objection at this stage, including the scope of the relevant notification or the authority to issue the notice under Section 73. The arrangement preserves participation in adjudication while providing interim protection against enforcement.
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