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...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
Statutory exemption certificates issued by the High Powered Committee could not be questioned by the Commissioner through a show-cause notice alleging fraud or misrepresentation. The exemption notification vested the Committee alone with authority to certify a new industrial unit and eligible plant-and-machinery investment; departmental authorities had accepted those certificates, verified installation and granted refunds. Any alleged misrepresentation had to be placed before the issuing Committee, not determined by the Commissioner. As the notice reopened settled refunds without authority and subsequent cess proceedings contained no fraud allegation, the HC treated it as arbitrary, an abuse of power and without jurisdiction, and quashed it in writ jurisdiction.
Statutory exemption certificates issued by the High Powered Committee could not be questioned by the Commissioner through a show-cause notice alleging fraud or misrepresentation. The exemption notification vested the Committee alone with authority to certify a new industrial unit and eligible plant-and-machinery investment; departmental authorities had accepted those certificates, verified installation and granted refunds. Any alleged misrepresentation had to be placed before the issuing Committee, not determined by the Commissioner. As the notice reopened settled refunds without authority and subsequent cess proceedings contained no fraud allegation, the HC treated it as arbitrary, an abuse of power and without jurisdiction, and quashed it in writ jurisdiction.
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