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...
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Adjustment of integrated tax paid under the wrong head against intra-State tax liability requires Section 77(2) to be read with Rule 92. Rule 92 contemplates setting off a refund entitlement against an outstanding demand through the prescribed adjustment order. The text states that an undisputed erroneous IGST payment for an intra-State supply should not create tax, interest or penalty liability without considering this adjustment mechanism. It describes the quashing of the adjudication, appellate and demand orders and remand for fresh consideration of adjustment under Section 77(2) and Rule 92.
Adjustment of integrated tax paid under the wrong head against intra-State tax liability requires Section 77(2) to be read with Rule 92. Rule 92 contemplates setting off a refund entitlement against an outstanding demand through the prescribed adjustment order. The text states that an undisputed erroneous IGST payment for an intra-State supply should not create tax, interest or penalty liability without considering this adjustment mechanism. It describes the quashing of the adjudication, appellate and demand orders and remand for fresh consideration of adjustment under Section 77(2) and Rule 92.
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