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...
Failure by a registered service provider to file ST-3 returns, disclose gross and exempt receipts, or provide requested records is described as deliberate suppression of taxable receipts with intent to evade service tax. The notes state that exemptions, abatements and deductions must be claimed through prescribed returns, and a taxpayer cannot benefit from its own breach of statutory obligations. Where the provider does not dispute the provision or taxability of works contract services and fails to respond to departmental requests, the extended limitation period may be invoked independently of information received from the Income Tax Department. The text further states that the modified service tax demand and the related penalty for suppression were sustained.
Failure by a registered service provider to file ST-3 returns, disclose gross and exempt receipts, or provide requested records is described as deliberate suppression of taxable receipts with intent to evade service tax. The notes state that exemptions, abatements and deductions must be claimed through prescribed returns, and a taxpayer cannot benefit from its own breach of statutory obligations. Where the provider does not dispute the provision or taxability of works contract services and fails to respond to departmental requests, the extended limitation period may be invoked independently of information received from the Income Tax Department. The text further states that the modified service tax demand and the related penalty for suppression were sustained.
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