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 petitioner had wrongly availed Input Tax Credit (ITC) which was reversed in the GSTR-3B filed for February 2020. Despite admitting the reversal, the second respondent included the demand for the wrongly availed ITC in the DRC-07 notice. The High Court held that the reason provided by the second respondent for including the demand was unacceptable. The demand under item No.3 of the impugned DRC-07 notice was set aside as erroneous since the first respondent had already ordered the reversal to be treated as payment u/s 73 of the CGST Act, 2017. For other claims, the petitioner was granted liberty to approach the concerned Authority seeking amnesty.
The petitioner had wrongly availed Input Tax Credit (ITC) which was reversed in the GSTR-3B filed for February 2020. Despite admitting the reversal, the second respondent included the demand for the wrongly availed ITC in the DRC-07 notice. The High Court held that the reason provided by the second respondent for including the demand was unacceptable. The demand under item No.3 of the impugned DRC-07 notice was set aside as erroneous since the first respondent had already ordered the reversal to be treated as payment u/s 73 of the CGST Act, 2017. For other claims, the petitioner was granted liberty to approach the concerned Authority seeking amnesty.
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