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...
Inadvertent payment of GST under the IGST head does not constitute a supply wrongly treated as inter-State or intra-State. Accordingly, Section 19 of the IGST Act, the corresponding CGST provision and Rule 89(1A) do not require a taxpayer to make fresh CGST and SGST payments before seeking a refund where the aggregate liability was already discharged within the prescribed period under IGST. The authorities were directed to appropriate the IGST amount towards the corresponding CGST and SGST liabilities, subject to any procedurally necessary refund application. The inconsistent portion of the rectification order was set aside, and the matter was disposed of on that basis.
Inadvertent payment of GST under the IGST head does not constitute a supply wrongly treated as inter-State or intra-State. Accordingly, Section 19 of the IGST Act, the corresponding CGST provision and Rule 89(1A) do not require a taxpayer to make fresh CGST and SGST payments before seeking a refund where the aggregate liability was already discharged within the prescribed period under IGST. The authorities were directed to appropriate the IGST amount towards the corresponding CGST and SGST liabilities, subject to any procedurally necessary refund application. The inconsistent portion of the rectification order was set aside, and the matter was disposed of on that basis.
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