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...
Fraudulent use of an individual's identity to obtain GST registration can undermine adjudication when the affected person has previously alerted the GST authorities and received no effective response. Where notices issued in the firm's name do not reach that person, an order-in-original passed without his participation raises a serious opportunity-of-hearing concern. The described decision records that the order was quashed and the proceedings remanded for fresh adjudication after hearing the petitioner. Any adverse fresh order was directed not to be implemented for three weeks, allowing the petitioner to pursue an appropriate remedy.
Fraudulent use of an individual's identity to obtain GST registration can undermine adjudication when the affected person has previously alerted the GST authorities and received no effective response. Where notices issued in the firm's name do not reach that person, an order-in-original passed without his participation raises a serious opportunity-of-hearing concern. The described decision records that the order was quashed and the proceedings remanded for fresh adjudication after hearing the petitioner. Any adverse fresh order was directed not to be implemented for three weeks, allowing the petitioner to pursue an appropriate remedy.
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