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 ...
Reversal/ Refund of the input tax credit - Principles of Estoppel / principle of res judicata - withdrawal of earlier petition - The High court examines the previous withdrawal of the petition and notes that it was unconditional, with no liberty granted to the petitioner. Additionally, the investigation found the petitioner culpable, leading to a show cause notice being issued. - Referring to relevant legal precedents, the court emphasizes the importance of discouraging bench-hunting tactics and upholding public policy to prevent litigants from withdrawing petitions simply to file them before a different bench.
Reversal/ Refund of the input tax credit - Principles of Estoppel / principle of res judicata - withdrawal of earlier petition - The High court examines the previous withdrawal of the petition and notes that it was unconditional, with no liberty granted to the petitioner. Additionally, the investigation found the petitioner culpable, leading to a show cause notice being issued. - Referring to relevant legal precedents, the court emphasizes the importance of discouraging bench-hunting tactics and upholding public policy to prevent litigants from withdrawing petitions simply to file them before a different bench.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
