Revenue neutrality in domestic related-party loans can require deletion of interest transfer pricing adjustments after domestic-transaction verificati...
Pre-enactment land-sale agreements escape stamp-duty value substitution where substantial banking-channel consideration was received before Section 43...
The HC quashed the impugned adjudication order and related summary order demanding GST payment from the petitioner under an unregistered Joint Development Agreement (JDA). The Court held that the JDA did not effectuate any transfer or assignment of rights by the petitioner to the developer. Since the developer, a registered person, had already discharged the entire GST liability for 100% of the property, including the petitioner's 30% share, the issue of double taxation did not arise. The respondent was estopped from contradicting the prior acceptance by the Deputy Commissioner of Commercial Taxes that the developer was liable to pay GST under the JDA. Consequently, the demand for GST from the petitioner was unjustified, and the petition was allowed, setting aside the impugned orders.
The HC quashed the impugned adjudication order and related summary order demanding GST payment from the petitioner under an unregistered Joint Development Agreement (JDA). The Court held that the JDA did not effectuate any transfer or assignment of rights by the petitioner to the developer. Since the developer, a registered person, had already discharged the entire GST liability for 100% of the property, including the petitioner's 30% share, the issue of double taxation did not arise. The respondent was estopped from contradicting the prior acceptance by the Deputy Commissioner of Commercial Taxes that the developer was liable to pay GST under the JDA. Consequently, the demand for GST from the petitioner was unjustified, and the petition was allowed, setting aside the impugned orders.
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