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 ...
AT held that the respondent (sole proprietor/distributor) contravened section 171, CGST Act by failing to pass on the benefit of a GST rate reduction on cosmetic products. The statutory presumption in favour of the investigating authority was not rebutted for lack of cogent, unambiguous evidence, notwithstanding contractual provisions allocating pricing discretion between the distributor and manufacturer. Consequently the respondent is directed to remit Rs. 3,31,879 with interest at 18% p.a. calculated from the date of collection of the excess (1.4.2018-31.12.2018) to the Central/State consumer welfare fund under section 57 within three months, failing which recovery shall be effected by the jurisdictional CGST/SGST Commissioner.
AT held that the respondent (sole proprietor/distributor) contravened section 171, CGST Act by failing to pass on the benefit of a GST rate reduction on cosmetic products. The statutory presumption in favour of the investigating authority was not rebutted for lack of cogent, unambiguous evidence, notwithstanding contractual provisions allocating pricing discretion between the distributor and manufacturer. Consequently the respondent is directed to remit Rs. 3,31,879 with interest at 18% p.a. calculated from the date of collection of the excess (1.4.2018-31.12.2018) to the Central/State consumer welfare fund under section 57 within three months, failing which recovery shall be effected by the jurisdictional CGST/SGST Commissioner.
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