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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
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Validity of assessment order - Utilization of Input Tax Credit - Upon review, it was found that the appellant had indeed utilized IGST credit for the payment of SGST liabilities, resulting in the transfer of tax to the State of West Bengal. The Deputy Commissioner confirmed the transfer of the IGST credit amount to the Government of West Bengal. - Considering the findings, the High Court concluded that the assessment order challenged in the writ petition could not be sustained. Therefore, the appeal was allowed, and the writ petition was granted, setting aside the impugned assessment order.
Validity of assessment order - Utilization of Input Tax Credit - Upon review, it was found that the appellant had indeed utilized IGST credit for the payment of SGST liabilities, resulting in the transfer of tax to the State of West Bengal. The Deputy Commissioner confirmed the transfer of the IGST credit amount to the Government of West Bengal. - Considering the findings, the High Court concluded that the assessment order challenged in the writ petition could not be sustained. Therefore, the appeal was allowed, and the writ petition was granted, setting aside the impugned assessment order.
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