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 ...
The High Court considered a case involving penalty imposition on a goods transportation transaction due to discrepancies between loaded goods and E-Invoice. The petitioner's right to a fair hearing was violated as relied-upon documents were not provided, breaching natural justice principles. The court noted lack of detailed description or timing of document receipt by Jeet Ram, questioning its authenticity. Proper documentation protocol for receipt acknowledgment was emphasized. The court found inconsistencies in revenue authorities' claims and petitioner's actions, leading to order reversal. The revenue authority was directed to provide all adverse materials for petitioner's response, followed by a fresh decision u/s 129 of the UP GST Act, 2017. The impugned order was set aside, and the petition was disposed of.
The High Court considered a case involving penalty imposition on a goods transportation transaction due to discrepancies between loaded goods and E-Invoice. The petitioner's right to a fair hearing was violated as relied-upon documents were not provided, breaching natural justice principles. The court noted lack of detailed description or timing of document receipt by Jeet Ram, questioning its authenticity. Proper documentation protocol for receipt acknowledgment was emphasized. The court found inconsistencies in revenue authorities' claims and petitioner's actions, leading to order reversal. The revenue authority was directed to provide all adverse materials for petitioner's response, followed by a fresh decision u/s 129 of the UP GST Act, 2017. The impugned order was set aside, and the petition was disposed of.
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