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...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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Violation of principles of natural justice - petitioner was not provided with an adequate opportunity to defend SCN - The Delhi High Court ruled in favor of the petitioner, highlighting procedural irregularities and the lack of fair consideration in the adjudication process. It emphasized the importance of affording parties due process rights, including a meaningful opportunity to present their case and respond to allegations. - The matter remitted to the GST Officer for re-adjudication after granting the petitioner a proper opportunity of personal hearing.
Violation of principles of natural justice - petitioner was not provided with an adequate opportunity to defend SCN - The Delhi High Court ruled in favor of the petitioner, highlighting procedural irregularities and the lack of fair consideration in the adjudication process. It emphasized the importance of affording parties due process rights, including a meaningful opportunity to present their case and respond to allegations. - The matter remitted to the GST Officer for re-adjudication after granting the petitioner a proper opportunity of personal hearing.
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