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...
GST adjudication under Section 74 requires a show cause notice in the prescribed form addressed to the person against whom liability is proposed. Where the notice uploaded on the website was addressed to another entity, despite a pre-notice intimation in GST FORM DRC-01A, the adjudication lacked notice to the petitioner and violated natural justice. The defect was not addressed in the appellate proceedings. The adjudication and appellate orders were quashed, while permitting fresh proceedings if legally permissible and preserving the petitioner's defences.
GST adjudication under Section 74 requires a show cause notice in the prescribed form addressed to the person against whom liability is proposed. Where the notice uploaded on the website was addressed to another entity, despite a pre-notice intimation in GST FORM DRC-01A, the adjudication lacked notice to the petitioner and violated natural justice. The defect was not addressed in the appellate proceedings. The adjudication and appellate orders were quashed, while permitting fresh proceedings if legally permissible and preserving the petitioner's defences.
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