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 ...
Validity of assessment order - Violation of Stay Order against the operation of a notification extending the period of limitation - The High Court acknowledges the petitioner's contention regarding the stay order. It notes that the impugned order was indeed passed during the pendency of a stay against the operation of the notification extending the period of limitation. This is a violation of the stay order, constituting a procedural irregularity. - Regarding the jurisdictional conflict, the Court concluded that without notification for cross-empowerment, authorities from one jurisdiction cannot initiate proceedings against an assessee assigned to the other jurisdiction. Thus, the impugned order was quashed, with liberty given to the State authorities to proceed in accordance with established legal principles.
Validity of assessment order - Violation of Stay Order against the operation of a notification extending the period of limitation - The High Court acknowledges the petitioner's contention regarding the stay order. It notes that the impugned order was indeed passed during the pendency of a stay against the operation of the notification extending the period of limitation. This is a violation of the stay order, constituting a procedural irregularity. - Regarding the jurisdictional conflict, the Court concluded that without notification for cross-empowerment, authorities from one jurisdiction cannot initiate proceedings against an assessee assigned to the other jurisdiction. Thus, the impugned order was quashed, with liberty given to the State authorities to proceed in accordance with established legal principles.
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