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 ...
Denial of Input Tax Credit (ITC) erroneously - The supplier made a mistake by filing the return in Form GSTR-1 by specifying total integrated tax (IGST) as zero in the relevant column - The High Court observed that while suppliers may make errors, recipients are equally responsible for rectifying incorrect claims to maintain GST system integrity. However, it noted that in this case, the SGST component did reach the State of Tamil Nadu, contradicting the assessing officer's view. - The Court quashed the impugned order. The matter was remanded to the assessing officer for reconsideration, with directions to issue a fresh assessment order within a specified timeframe.
Denial of Input Tax Credit (ITC) erroneously - The supplier made a mistake by filing the return in Form GSTR-1 by specifying total integrated tax (IGST) as zero in the relevant column - The High Court observed that while suppliers may make errors, recipients are equally responsible for rectifying incorrect claims to maintain GST system integrity. However, it noted that in this case, the SGST component did reach the State of Tamil Nadu, contradicting the assessing officer's view. - The Court quashed the impugned order. The matter was remanded to the assessing officer for reconsideration, with directions to issue a fresh assessment order within a specified timeframe.
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