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...
Availability of an efficacious statutory GST appeal ordinarily limits writ jurisdiction, except where fundamental rights, natural justice, jurisdictional error or vires are genuinely implicated. A noticee that participated, filed replies and documents, and received personal hearings cannot claim that natural justice required the adjudicating authority to seek further material. Allegations that replies or evidence were inadequately considered, and challenges to the sufficiency of material or adjudicatory conclusions, concern merits for the appellate mechanism. The writ petition was dismissed because no recognised exception to exhausting the statutory remedy was established, while writ-pendency time was excluded for considering appeal limitation, subject to independent appellate determination.
Availability of an efficacious statutory GST appeal ordinarily limits writ jurisdiction, except where fundamental rights, natural justice, jurisdictional error or vires are genuinely implicated. A noticee that participated, filed replies and documents, and received personal hearings cannot claim that natural justice required the adjudicating authority to seek further material. Allegations that replies or evidence were inadequately considered, and challenges to the sufficiency of material or adjudicatory conclusions, concern merits for the appellate mechanism. The writ petition was dismissed because no recognised exception to exhausting the statutory remedy was established, while writ-pendency time was excluded for considering appeal limitation, subject to independent appellate determination.
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