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 allowed the petitioner's appeal, finding the refund claim rejection erroneous. The Appellate Authority improperly dismissed the appeal based solely on administrative rank similarities between respondents. The court held that the 1st respondent, functioning as an Appellate Authority, should have independently reviewed the case merits without being influenced by the 2nd respondent's administrative communications. The impugned order was set aside, and the matter was remanded for fresh consideration in accordance with legal principles, ensuring a fair and independent review of the petitioner's refund claim.
HC allowed the petitioner's appeal, finding the refund claim rejection erroneous. The Appellate Authority improperly dismissed the appeal based solely on administrative rank similarities between respondents. The court held that the 1st respondent, functioning as an Appellate Authority, should have independently reviewed the case merits without being influenced by the 2nd respondent's administrative communications. The impugned order was set aside, and the matter was remanded for fresh consideration in accordance with legal principles, ensuring a fair and independent review of the petitioner's refund claim.
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