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 dismissed the writ petition challenging the impugned order alleging fraudulent availment of Input Tax Credit (ITC) by multiple parties. The Court noted that the Petitioner's reply to the show cause notice (SCN) may not have been duly considered, raising a potential natural justice issue. However, given the complexity involving numerous transactions and multiple noticees, the Court held that detailed factual examination is inappropriate under writ jurisdiction. The Court emphasized that the Petitioner should pursue statutory appellate remedies instead of seeking relief via writ petition. Consequently, the petition was dismissed without adjudicating the merits of the alleged fraudulent ITC claims or penalties imposed.
The HC dismissed the writ petition challenging the impugned order alleging fraudulent availment of Input Tax Credit (ITC) by multiple parties. The Court noted that the Petitioner's reply to the show cause notice (SCN) may not have been duly considered, raising a potential natural justice issue. However, given the complexity involving numerous transactions and multiple noticees, the Court held that detailed factual examination is inappropriate under writ jurisdiction. The Court emphasized that the Petitioner should pursue statutory appellate remedies instead of seeking relief via writ petition. Consequently, the petition was dismissed without adjudicating the merits of the alleged fraudulent ITC claims or penalties imposed.
Note: It is a system-generated summary and is for quick reference only.