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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
The HC dismissed a writ petition challenging the interpretation of Rule 3 of the Goods and Services Tax Appellate Tribunal (Appointment and Conditions of Services of President and Members) Rules, 2023. The petitioner contested the reconstituted Search-cum-Selection Committee's decision to restart the appointment process de novo after some members demitted office. The HC held that Rule 3 does not expressly restrict the reconstituted Committee's procedures, and the phrase "as it may deem fit" must be construed pragmatically to achieve the statutory objective. The Court found no illegality in the Committee's decision to scrutinize applications afresh based on Intelligence Bureau inputs, emphasizing that appointments to judicial positions require high integrity and suitability standards.
The HC dismissed a writ petition challenging the interpretation of Rule 3 of the Goods and Services Tax Appellate Tribunal (Appointment and Conditions of Services of President and Members) Rules, 2023. The petitioner contested the reconstituted Search-cum-Selection Committee's decision to restart the appointment process de novo after some members demitted office. The HC held that Rule 3 does not expressly restrict the reconstituted Committee's procedures, and the phrase "as it may deem fit" must be construed pragmatically to achieve the statutory objective. The Court found no illegality in the Committee's decision to scrutinize applications afresh based on Intelligence Bureau inputs, emphasizing that appointments to judicial positions require high integrity and suitability standards.
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