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...
Circular No.9 dated 24.05.2019 challenged - authority to delegate power of adjudication by circular contrary to Section 167 requiring notification - assessing authority being inspecting authority leading to conflict of interest. Court held circular traceable to Section 2(91), not Section 167, hence notification unnecessary for authorizing adjudication power. Reliance on Gujarat HC judgment rejecting similar challenge. Adjudication of factual disputes beyond Article 226 writ jurisdiction when alternative remedy available. Writ petition against Circular No.9 and assessment orders for 2017-18 to 2020-21 rejected. Petition disposed of.
Circular No.9 dated 24.05.2019 challenged - authority to delegate power of adjudication by circular contrary to Section 167 requiring notification - assessing authority being inspecting authority leading to conflict of interest. Court held circular traceable to Section 2(91), not Section 167, hence notification unnecessary for authorizing adjudication power. Reliance on Gujarat HC judgment rejecting similar challenge. Adjudication of factual disputes beyond Article 226 writ jurisdiction when alternative remedy available. Writ petition against Circular No.9 and assessment orders for 2017-18 to 2020-21 rejected. Petition disposed of.
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