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...
Penalty u/s 129(3) of the Uttar Pradesh Goods and Services Tax Act, 2017 - goods detained on the ground that the goods were being transported on a vehicle different from that declared on e-way bill - onus to prove (shifting burden on petitioner) - The High Court held that, the intention to evade tax is sine qua non before imposition of penalty. I - Based on the lack of evidence demonstrating an intention to evade tax and the adherence to tax regulations by the petitioner, the High Court quashes the orders imposing penalties under Section 129(3) of the Act and allows the writ petition.
Penalty u/s 129(3) of the Uttar Pradesh Goods and Services Tax Act, 2017 - goods detained on the ground that the goods were being transported on a vehicle different from that declared on e-way bill - onus to prove (shifting burden on petitioner) - The High Court held that, the intention to evade tax is sine qua non before imposition of penalty. I - Based on the lack of evidence demonstrating an intention to evade tax and the adherence to tax regulations by the petitioner, the High Court quashes the orders imposing penalties under Section 129(3) of the Act and allows the writ petition.
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