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 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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