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...
The High Court quashed the order dated 20 December 2023, issued u/s 168A of the Central Goods and Services Tax Act, 2017, demanding Integrated Goods and Services Tax (IGST) on reinsurance services provided by a multinational insurance company registered as a foreign reinsurance branch with IRDAI and the Ministry of Corporate Affairs, for the period 01 July 2017 to 25 July 2018. The court held that the amendments introduced by the GST Council and the Union Government through Notification No. 09/2023 and No. 56, specifically including Serial No. 40 in Entry 36A, were curative in nature and regularized the period from 01 July 2017 to 26 July 2018. Consequently, the impugned order, relating to the same period, could not be sustained in light of the respondents' stand, and the petition was allowed.
The High Court quashed the order dated 20 December 2023, issued u/s 168A of the Central Goods and Services Tax Act, 2017, demanding Integrated Goods and Services Tax (IGST) on reinsurance services provided by a multinational insurance company registered as a foreign reinsurance branch with IRDAI and the Ministry of Corporate Affairs, for the period 01 July 2017 to 25 July 2018. The court held that the amendments introduced by the GST Council and the Union Government through Notification No. 09/2023 and No. 56, specifically including Serial No. 40 in Entry 36A, were curative in nature and regularized the period from 01 July 2017 to 26 July 2018. Consequently, the impugned order, relating to the same period, could not be sustained in light of the respondents' stand, and the petition was allowed.
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