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 of ineligible ITC - The case involved a trader served with a notice to pay/reverse ineligible Input Tax Credit (ITC) due to a discrepancy between GSTR-2A and GSTR-3B filings. The trader argued that they acted in good faith based on invoices from a selling dealer whose GST registration was subsequently cancelled. Legal precedents were cited to challenge the legality of the notice. The High Court determined that the notice was an intimation under Section 74(5), allowing the trader to address the issue before formal proceedings. The Court directed the trader to take necessary actions or file objections, with the adjudicating officer examining objections and relevant documents before initiating formal proceedings.
Reversal of ineligible ITC - The case involved a trader served with a notice to pay/reverse ineligible Input Tax Credit (ITC) due to a discrepancy between GSTR-2A and GSTR-3B filings. The trader argued that they acted in good faith based on invoices from a selling dealer whose GST registration was subsequently cancelled. Legal precedents were cited to challenge the legality of the notice. The High Court determined that the notice was an intimation under Section 74(5), allowing the trader to address the issue before formal proceedings. The Court directed the trader to take necessary actions or file objections, with the adjudicating officer examining objections and relevant documents before initiating formal proceedings.
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