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...
Pan-India jurisdiction of specified Central Excise Officers for service-tax investigations is examined through the meaning of "local limits" under the Service Tax Rules. The notes explain that the Board's power to appoint and invest officers under Chapter V of the Finance Act, 1994 can extend to all-India territorial limits, and that later notifications do not curtail independently conferred powers. They also address overlapping jurisdiction, requiring the specified adjudicating authority to proceed with the relevant show-cause notice. Pre-show-cause-notice consultation under the departmental Master Circular is described as recommendatory rather than mandatory, so its omission does not invalidate notices; factual challenges to original orders remain subject to statutory appellate remedies.
Pan-India jurisdiction of specified Central Excise Officers for service-tax investigations is examined through the meaning of "local limits" under the Service Tax Rules. The notes explain that the Board's power to appoint and invest officers under Chapter V of the Finance Act, 1994 can extend to all-India territorial limits, and that later notifications do not curtail independently conferred powers. They also address overlapping jurisdiction, requiring the specified adjudicating authority to proceed with the relevant show-cause notice. Pre-show-cause-notice consultation under the departmental Master Circular is described as recommendatory rather than mandatory, so its omission does not invalidate notices; factual challenges to original orders remain subject to statutory appellate remedies.
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