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...
Finality of an earlier judicial determination prevented the Department from reopening the applicable compounding guidelines when calculating the compounding fee. The article explains that a direction to quantify the fee required calculation rather than fresh adjudication, and that statutory instructions on compounding could not displace a binding inter partes finding that the 2008 CBDT Guidelines governed the application. It further notes that the 2024 Guidelines on fresh applications were limited to applications rejected for specified curable defects and did not cover applications rejected on merits. The fee was therefore to be recomputed under the 2008 Guidelines after crediting the amount already paid.
Finality of an earlier judicial determination prevented the Department from reopening the applicable compounding guidelines when calculating the compounding fee. The article explains that a direction to quantify the fee required calculation rather than fresh adjudication, and that statutory instructions on compounding could not displace a binding inter partes finding that the 2008 CBDT Guidelines governed the application. It further notes that the 2024 Guidelines on fresh applications were limited to applications rejected for specified curable defects and did not cover applications rejected on merits. The fee was therefore to be recomputed under the 2008 Guidelines after crediting the amount already paid.
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