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...
HC quashed orders imposing tax and penalty under section 130 of GST Act arising from stock discrepancies discovered during business premises survey. Following established precedents, the Court held that mere stock discrepancies identified during survey warrant proceedings under sections 73/74 rather than section 130 of GST Act. The authority's direct invocation of section 130 was deemed legally unsustainable. The impugned orders dated 02.04.2024 by Additional Commissioner and 10.09.2018 read with 05.08.2020 by respondent authority were set aside, with the petition being allowed in favor of the registered dealer.
HC quashed orders imposing tax and penalty under section 130 of GST Act arising from stock discrepancies discovered during business premises survey. Following established precedents, the Court held that mere stock discrepancies identified during survey warrant proceedings under sections 73/74 rather than section 130 of GST Act. The authority's direct invocation of section 130 was deemed legally unsustainable. The impugned orders dated 02.04.2024 by Additional Commissioner and 10.09.2018 read with 05.08.2020 by respondent authority were set aside, with the petition being allowed in favor of the registered dealer.
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