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    October 17, 2026   Case Laws GST
    Forum shopping in bail proceedings led to fresh merits consideration after parallel remedies and adverse orders were withheld.
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October 17, 2026   Case Laws GST
Forum shopping in bail proceedings led to fresh merits consideration after parallel remedies and adverse orders were withheld.
October 17, 2026   Case Laws GST
Condonation of delay in GST appeals restored merits review after illness and death disrupted the firm's affairs.
October 17, 2026   Case Laws GST
Input tax credit limitation and effective notice requirements require quashing barred credit denial and remanding remaining GST issues.
October 17, 2026   Case Laws GST
Effective GST notice service requires meaningful delivery, with defective portal-only notice leading to fresh adjudication after hearing.
October 17, 2026   Case Laws GST
IGST refunds for exports under manual shipping bills fall within Customs processing jurisdiction, requiring consideration under Rule 96(3).
October 17, 2026   Case Laws GST
Excess output tax set-off can negate a tax shortfall, while vague notices and portal-based rejections breach natural justice.
October 17, 2026   Case Laws GST
IGST Credit Set-Off: Aggregate reconciliation can eliminate alleged CGST and SGST input tax credit excesses.
October 17, 2026   Case Laws GST
Fraud threshold for extended tax limitation curbs unsupported penalties, while consolidated notices across financial years remain permissible.
October 17, 2026   Case Laws GST
Show-cause notice limits prevent input tax credit disallowance on an unalleged supplier tax-payment ground during adjudication.
October 17, 2026   Case Laws GST
GST refunds for cancelled air tickets remain available when passenger reimbursements defeat unjust enrichment and credit-note adjustment is unavailable.
October 17, 2026   Case Laws GST
GST short-payment interest and penalty apply when tax and interest remain unpaid within the show-cause notice period.
October 17, 2026   Case Laws GST
Input tax credit verification governs GSTR-2A mismatches, while unutilised reversals and sales-return credit notes avoid additional tax consequences.
October 17, 2026   Case Laws GST
GST refund limitation exclusions preserve unregistered purchasers' claims after cancelled flat bookings, with no unjust-enrichment bar.
October 17, 2026   Case Laws GST
GST interest computation requires month-wise ledger verification, while pre-notice voluntary payment protects against penalty for inadvertent turnover reporting omissions.
October 17, 2026   Case Laws GST
Expired e-way bills trigger GST detention penalties without proving tax-evasion intent when no timely extension or evidence supports delay.
October 17, 2026   Case Laws GST
Actual transport movement determines goods-detention liability; acknowledged notice service stands, while release payments await fresh adjudication.
October 17, 2026   Case Laws GST
Post-interception transport documents require credible linkage to goods; unsupported transit claims cannot defeat undeclared-goods penalties.
October 17, 2026   Case Laws GST
E-way bill accuracy in diverted transit sales determines Section 129 penalties despite no independent proof of tax evasion.
October 17, 2026   Case Laws GST
Expired e-way bill transport attracts GST detention penalties without proof of any tax-evasion intent being required.
October 17, 2026   Case Laws GST
Meaningful hearing in detention penalty proceedings requires reasoned adjudication; payment for release does not waive statutory challenge.

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Home › Highlights › Income Tax › 2017 › May, 2017 › This
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Income Tax

Capital gain - partnership firm - conversion from investment...

Court Rules Share Transfer to Partners Not Tax Avoidance; Section 45(4) Income Tax Act Not Applicable.

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Income Tax May 8, 2017 Case Laws HC
Capital gain - partnership firm - conversion from investment into stock in trade of shareholding - Firm transferred the shares as loss to partners and adjusted its profit - partners transferred the shares at profit and adjusted against their loss - tax avoidance or not - No additions - Section 45(4) is not attracted - HC
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