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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
Power of High Court to entertain writ petition - alternative efficacious remedy u/s 129A - The court decided not to entertain the petitions on the basis of the alternative remedies available and the non-fulfillment of the requests for procedural rights not resulting in substantial prejudice that couldn't be remedied through the appeals process. The court dismissed the petitions but allowed the petitioners to appeal to the CESTAT, instructing the tribunal to consider their appeals without regard to the delay caused by the High Court proceedings.
Power of High Court to entertain writ petition - alternative efficacious remedy u/s 129A - The court decided not to entertain the petitions on the basis of the alternative remedies available and the non-fulfillment of the requests for procedural rights not resulting in substantial prejudice that couldn't be remedied through the appeals process. The court dismissed the petitions but allowed the petitioners to appeal to the CESTAT, instructing the tribunal to consider their appeals without regard to the delay caused by the High Court proceedings.
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