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 set aside the impugned order rejecting the petitioner's refund claim of unutilized input tax credit for zero-rated exports, holding the rejection unsustainable where shipping bills dated from 13 Sept 2021 and customs records corroborated export transactions despite the LUT being filed on 26 Aug 2021. The court directed the respondent to process and credit the petitioner's refund with statutory interest within two weeks, and further ordered that if the refund is not credited by 3 Sept 2025, interest at 12% per annum shall be payable to the petitioner. Petition allowed; impugned order dated 14 Nov 2024 quashed.
The HC set aside the impugned order rejecting the petitioner's refund claim of unutilized input tax credit for zero-rated exports, holding the rejection unsustainable where shipping bills dated from 13 Sept 2021 and customs records corroborated export transactions despite the LUT being filed on 26 Aug 2021. The court directed the respondent to process and credit the petitioner's refund with statutory interest within two weeks, and further ordered that if the refund is not credited by 3 Sept 2025, interest at 12% per annum shall be payable to the petitioner. Petition allowed; impugned order dated 14 Nov 2024 quashed.
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