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 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.
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