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 HC partially allowed the petition challenging GST adjudication proceedings under Section 73 following audit under Section 65 of the GST Act. The primary legal issue concerned interpretation of "plant or machinery" under Section 17(5)(d) regarding whether buildings qualify as "plant" for input tax credit restrictions. The Court quashed the impugned adjudication order dated 28.02.2025 and restored proceedings to the first respondent for fresh consideration, ensuring complete adjudication. The petitioner's deposited 10% of the demand amount was directed to be held by respondents pending conclusion of restored proceedings. The matter was remanded for proper reconsideration of the classification issue.
The HC partially allowed the petition challenging GST adjudication proceedings under Section 73 following audit under Section 65 of the GST Act. The primary legal issue concerned interpretation of "plant or machinery" under Section 17(5)(d) regarding whether buildings qualify as "plant" for input tax credit restrictions. The Court quashed the impugned adjudication order dated 28.02.2025 and restored proceedings to the first respondent for fresh consideration, ensuring complete adjudication. The petitioner's deposited 10% of the demand amount was directed to be held by respondents pending conclusion of restored proceedings. The matter was remanded for proper reconsideration of the classification issue.
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