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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
HC allowed condonation of a 26-day delay in filing the appeal, held that the Appellate Authority's summary rejection without affording a hearing violated principles of natural justice and statutory mandates under the Act of 2017 (notably the hearing requirement in Section 75(4) and the duty to pass reasoned orders under Section 107(12)). The HC set aside the impugned summary rejection of the appeal against the ex-parte demand order in Form GST DRC-07 relating to FY 2018-19, concluded there was no mala fide delay, and remitted the matter to the Appellate Authority to grant an opportunity of hearing and pass a fresh, speaking order. Petition disposed by remand.
HC allowed condonation of a 26-day delay in filing the appeal, held that the Appellate Authority's summary rejection without affording a hearing violated principles of natural justice and statutory mandates under the Act of 2017 (notably the hearing requirement in Section 75(4) and the duty to pass reasoned orders under Section 107(12)). The HC set aside the impugned summary rejection of the appeal against the ex-parte demand order in Form GST DRC-07 relating to FY 2018-19, concluded there was no mala fide delay, and remitted the matter to the Appellate Authority to grant an opportunity of hearing and pass a fresh, speaking order. Petition disposed by remand.
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