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 ...
Section 128A permits waiver of interest and penalty where proceedings under Section 73 determine unpaid or short-paid self-assessed tax; direct recovery under Section 79 without Section 73 proceedings does not support a waiver application. Circular No. 238 cannot narrow that statutory scope. Rule 164 limits voidness of an approved waiver in Form GST SPL-05 or GST SPL-06 to specified failures to make additional payment; authorities lack power to issue void orders outside those circumstances. Rule 164 creates mandatory filing and disposal timelines. Failure to decide within the prescribed period may result in deemed approval, subject to fulfilment of Section 128A, whereas late applications or late payment cannot be cured through substantial compliance.
Section 128A permits waiver of interest and penalty where proceedings under Section 73 determine unpaid or short-paid self-assessed tax; direct recovery under Section 79 without Section 73 proceedings does not support a waiver application. Circular No. 238 cannot narrow that statutory scope. Rule 164 limits voidness of an approved waiver in Form GST SPL-05 or GST SPL-06 to specified failures to make additional payment; authorities lack power to issue void orders outside those circumstances. Rule 164 creates mandatory filing and disposal timelines. Failure to decide within the prescribed period may result in deemed approval, subject to fulfilment of Section 128A, whereas late applications or late payment cannot be cured through substantial compliance.
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