Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
The AAAR dismissed the appellant's appeal, upholding the original ruling. The Authority determined it lacked jurisdiction to decide on taxability under Finance Act, 1994 (service tax), as the appellant sought ruling on pre-GST TDR transactions. The AAAR also declined to consider new grounds introduced in appeal that weren't raised before the original authority, citing precedent from Commissioner of Cust & C Ex, Goa vs Dempo Engineering Works Ltd. The ruling confirmed that transfer of development rights constitutes receipt of consideration by the developer, and GST liability arises at the time of transfer of possession or rights in the constructed property, not when development rights are received. The appeal was dismissed accordingly.
The AAAR dismissed the appellant's appeal, upholding the original ruling. The Authority determined it lacked jurisdiction to decide on taxability under Finance Act, 1994 (service tax), as the appellant sought ruling on pre-GST TDR transactions. The AAAR also declined to consider new grounds introduced in appeal that weren't raised before the original authority, citing precedent from Commissioner of Cust & C Ex, Goa vs Dempo Engineering Works Ltd. The ruling confirmed that transfer of development rights constitutes receipt of consideration by the developer, and GST liability arises at the time of transfer of possession or rights in the constructed property, not when development rights are received. The appeal was dismissed accordingly.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
