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 ...
HC quashed order relating to Input Tax Credit (ITC) claims that were time-barred under Section 16(4) of CGST Act but fell within limitation under Section 16(5). Following precedent from Sri Ganapathi Pandi Industries case, Court determined that while ITC claims exceeded initial limitation period under Section 16(4), they remained valid within extended timeframe provided by Section 16(5). Consequently, original tax assessment order, penalties, and interest charges were set aside to extent they denied ITC claims falling within Section 16(5) period. Writ petition allowed, affirming taxpayer's right to claim ITC within extended statutory timeframe despite exceeding initial limitation period.
HC quashed order relating to Input Tax Credit (ITC) claims that were time-barred under Section 16(4) of CGST Act but fell within limitation under Section 16(5). Following precedent from Sri Ganapathi Pandi Industries case, Court determined that while ITC claims exceeded initial limitation period under Section 16(4), they remained valid within extended timeframe provided by Section 16(5). Consequently, original tax assessment order, penalties, and interest charges were set aside to extent they denied ITC claims falling within Section 16(5) period. Writ petition allowed, affirming taxpayer's right to claim ITC within extended statutory timeframe despite exceeding initial limitation period.
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