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...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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Unadjudicated assertions in pleadings filed before the Supreme Court do not establish the legal correctness of those assertions or bind other courts on the statute governing a company. The Court-of-Record status under Article 129 confirms the record of what was asserted, while binding force under Article 141 arises only from law declared by the Supreme Court. The applicable company-law regime must be determined from the statutory framework and the company's objects, activities and operational circumstances. The notes also explain that mandamus ordinarily requires a prior distinct demand to the statutory authority and its refusal or neglect; without those prerequisites, mandamus cannot issue.
Unadjudicated assertions in pleadings filed before the Supreme Court do not establish the legal correctness of those assertions or bind other courts on the statute governing a company. The Court-of-Record status under Article 129 confirms the record of what was asserted, while binding force under Article 141 arises only from law declared by the Supreme Court. The applicable company-law regime must be determined from the statutory framework and the company's objects, activities and operational circumstances. The notes also explain that mandamus ordinarily requires a prior distinct demand to the statutory authority and its refusal or neglect; without those prerequisites, mandamus cannot issue.
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