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 ...
Levy of penalty equivalent to the tax on employees - wrongful utilization of Input Tax Credit - The High Court scrutinized the applicability of Sections 122(1A) and 137 of the CGST Act to the petitioners, emphasizing that these sections target "taxable persons" and entities responsible for the conduct of a company's business. It was determined that individual employees, who do not stand to personally benefit from the tax credits or evasion in question, do not fall within the scope of these sections as applied in the show cause notice. - It was clarified that the petitioners, in their capacity as employees, could not be deemed directly responsible for the alleged tax evasion merely based on their roles within the company, especially in the absence of concrete proof of their direct involvement or benefit from the evasion.
Levy of penalty equivalent to the tax on employees - wrongful utilization of Input Tax Credit - The High Court scrutinized the applicability of Sections 122(1A) and 137 of the CGST Act to the petitioners, emphasizing that these sections target "taxable persons" and entities responsible for the conduct of a company's business. It was determined that individual employees, who do not stand to personally benefit from the tax credits or evasion in question, do not fall within the scope of these sections as applied in the show cause notice. - It was clarified that the petitioners, in their capacity as employees, could not be deemed directly responsible for the alleged tax evasion merely based on their roles within the company, especially in the absence of concrete proof of their direct involvement or benefit from the evasion.
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