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 ...
Petitioner challenged order u/s 74 of TNGST Act, 2017 for assessment year 2017-18 due to mismatch between GSTR 3B and auto-populated GSTR 2A regarding input tax credit. Court held that respondent failed to consider changes in CGST Rules, 2017, particularly Rule 36(4). Difference between GSTR 2A and GSTR 3B attributable to mismatch for supplies by RAMCO, constituting 10.53% of total credit, less than 20% as per amended Rule 36(4) till 09.10.2019. Impugned order set aside, case remitted to respondent to pass fresh orders considering amended provisions under Notification No. 49/2019-Central Tax. Recovery proceedings kept in abeyance pending remand orders. Petition allowed by way of remand.
Petitioner challenged order u/s 74 of TNGST Act, 2017 for assessment year 2017-18 due to mismatch between GSTR 3B and auto-populated GSTR 2A regarding input tax credit. Court held that respondent failed to consider changes in CGST Rules, 2017, particularly Rule 36(4). Difference between GSTR 2A and GSTR 3B attributable to mismatch for supplies by RAMCO, constituting 10.53% of total credit, less than 20% as per amended Rule 36(4) till 09.10.2019. Impugned order set aside, case remitted to respondent to pass fresh orders considering amended provisions under Notification No. 49/2019-Central Tax. Recovery proceedings kept in abeyance pending remand orders. Petition allowed by way of remand.
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