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...
Contractual GST reimbursement disputes may be arbitrated where they concern inter se obligations such as reimbursement, tax sharing or indemnity, but not statutory tax characterisation, rates, exemptions or disputes with tax authorities. The discussion distinguishes private contractual GST allocation from matters reserved for tax administration. It further states that a tax-related SOP for EPC contracts is not incorporated merely by adopting technical specifications in an item-rate contract, particularly where binding State Government directions govern reimbursement. An award based on conjecture, incomplete findings on tax payment and loss, or disregard of transitional GST provisions may amount to patent illegality. Severable, independently sustainable portions of an award may be retained while invalid GST-related claims are remitted.
Contractual GST reimbursement disputes may be arbitrated where they concern inter se obligations such as reimbursement, tax sharing or indemnity, but not statutory tax characterisation, rates, exemptions or disputes with tax authorities. The discussion distinguishes private contractual GST allocation from matters reserved for tax administration. It further states that a tax-related SOP for EPC contracts is not incorporated merely by adopting technical specifications in an item-rate contract, particularly where binding State Government directions govern reimbursement. An award based on conjecture, incomplete findings on tax payment and loss, or disregard of transitional GST provisions may amount to patent illegality. Severable, independently sustainable portions of an award may be retained while invalid GST-related claims are remitted.
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