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 held that initiation of proceedings under section 130 of the UPGST Act based on the discovery of excess stock during a survey is impermissible. The Court reaffirmed that such findings warrant proceedings under sections 73 or 74 of the GST Act instead, as section 130 is not applicable in cases of excess stock. Consequently, the impugned order initiating proceedings under section 130 was quashed and set aside. The petition was allowed, clarifying that enforcement actions under section 130 cannot be invoked solely on the basis of excess stock detected during a survey.
The HC held that initiation of proceedings under section 130 of the UPGST Act based on the discovery of excess stock during a survey is impermissible. The Court reaffirmed that such findings warrant proceedings under sections 73 or 74 of the GST Act instead, as section 130 is not applicable in cases of excess stock. Consequently, the impugned order initiating proceedings under section 130 was quashed and set aside. The petition was allowed, clarifying that enforcement actions under section 130 cannot be invoked solely on the basis of excess stock detected during a survey.
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