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...
Secured creditors' statutory priority in realising dues from secured assets prevails over State tax claims, including claims supported by a State-law first charge or non obstante clause. A State relying on a prior attachment must establish compliance with the prescribed recovery procedure, including public proclamation; an attachment order alone does not sustain the claim. Following enforcement of security interest and completion of a SARFAESI auction, purchasers holding sale certificates may enjoy the property free of State tax encumbrances. "As is where is" auction terms do not permit retention of revenue-record encumbrance entries or pursuit of the asset in the purchaser's hands for State dues.
Secured creditors' statutory priority in realising dues from secured assets prevails over State tax claims, including claims supported by a State-law first charge or non obstante clause. A State relying on a prior attachment must establish compliance with the prescribed recovery procedure, including public proclamation; an attachment order alone does not sustain the claim. Following enforcement of security interest and completion of a SARFAESI auction, purchasers holding sale certificates may enjoy the property free of State tax encumbrances. "As is where is" auction terms do not permit retention of revenue-record encumbrance entries or pursuit of the asset in the purchaser's hands for State dues.
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