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    September 10, 2026   Case Laws GST
    Statutory Bar on GST Appellate Remand Requires Independent Verification and a Reasoned Fresh Decision on Merits
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September 10, 2026   Case Laws GST
Statutory Bar on GST Appellate Remand Requires Independent Verification and a Reasoned Fresh Decision on Merits
September 10, 2026   Case Laws Customs
Departmental appeal limitation after call-book recall preserves original filing, while documented correlation supports SAD refund on imported granules.
September 10, 2026   Case Laws GST
Anti-profiteering in regulated housing excluded price-capped LIG/MIG units, while HIG buyers received individual ITC benefits, interest and penalty.
September 10, 2026   Case Laws Income Tax
Condonation for revised returns may prevent double taxation when reporting-statement revisions cause genuine taxpayer hardship.
September 10, 2026   Case Laws Income Tax
Income-tax prosecution fails when appellate remand removes its factual foundation; directors require company arraignment for vicarious criminal liability.
September 10, 2026   Case Laws Income Tax
Transfer-pricing comparability requires functionally similar, uncontrolled companies, with turnover, related-party transactions and risk profiles assessed on reliable data.
September 10, 2026   Case Laws Income Tax
Interim protection from outstanding-demand recovery continues while the statutory appeal receives expedited, reasoned disposal after a hearing.
September 10, 2026   Case Laws Income Tax
Capital character of assignment consideration prevents taxation as residuary income, while unsupported interest-related expenditure remains non-deductible.
September 10, 2026   Case Laws Income Tax
Make-available condition shields regional support-service receipts from Indian taxation where no independent capability or permanent establishment exists.
September 10, 2026   Case Laws Income Tax
Excess business stock with a proven business nexus remains undisclosed business income and is taxed under normal provisions.
September 10, 2026   Case Laws Income Tax
Dematerialised share-sale evidence and banking records defeat unsupported allegations of bogus long-term capital gains and unexplained credits.
September 10, 2026   Case Laws Income Tax
Transfer-pricing treatment of corporate guarantees and convertible loans followed prior-year consistency, with taxable foreign dividends excluded from exempt-income calculations.
September 10, 2026   Case Laws Income Tax
Characterisation of allotment rights determines whether transfer losses are business losses or capital losses and affects interest-cost computation.
September 10, 2026   Case Laws Income Tax
Unconverted FCCDs remain debentures until conversion, so their issue consideration falls outside share-premium taxation provisions.
September 10, 2026   Case Laws Income Tax
Transfer-pricing benchmarking confines adjustments to associated-enterprise transactions and integrates delayed receivables through TNMM working-capital adjustments.
September 10, 2026   Case Laws Income Tax
Joint development transfer timing and firm-held rental income: effective possession fixes the capital-gains year and defeats later additions.
September 10, 2026   Case Laws Income Tax
Section 153D approval requires independent, year-wise scrutiny; mechanical consolidated approval invalidates the resulting search assessment order.
September 10, 2026   Case Laws Customs
Concurrent factual findings on fictitious imports precluded a substantial legal question, sustaining confiscation and penalties.
September 10, 2026   Case Laws Income Tax
Medical relief status protects government-contracted mobile healthcare from commercial classification, while provisional registration cancellation requires specific notice.
September 10, 2026   Case Laws Income Tax
Charitable registration cancellation requires proof that educational activities abandoned their objects; incidental receipts and retained surplus are insufficient.

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Home › Highlights › GST › 2024 › February, 2024 › This
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GST

Rectification of DRC-3 - Entitlement to concessional rate of tax...

Petitioner allowed to correct financial year error in tax form; concessional rate eligibility clarified for new projects.

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GST February 24, 2024 Case Laws HC
Rectification of DRC-3 - Entitlement to concessional rate of tax without ITC for new projects and unsold units of existing projects post 1st April 2019 - requirement to reverse ITC - The court recognized the bona fide mistake made by the petitioner in mentioning the financial year in Form DRC 03 and directed the tax authorities to permit rectification of the error.
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