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...
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The HC set aside the impugned order insofar as it retrospectively cancelled the petitioner's GST registration from 7 June 2024, holding that retrospective cancellation cannot be exercised mechanically and must be supported by reasons in the order. The court found the SCN did not raise retrospective cancellation and the order relied solely on the petitioner's alleged absence from the declared place of business-a fact reasonably controverted by the petitioner's reply and photographic evidence. The retrospective cancellation was therefore quashed and the matter remitted to the concerned Adjudicating Authority for fresh adjudication on merits after affording the petitioner an opportunity to be heard.
The HC set aside the impugned order insofar as it retrospectively cancelled the petitioner's GST registration from 7 June 2024, holding that retrospective cancellation cannot be exercised mechanically and must be supported by reasons in the order. The court found the SCN did not raise retrospective cancellation and the order relied solely on the petitioner's alleged absence from the declared place of business-a fact reasonably controverted by the petitioner's reply and photographic evidence. The retrospective cancellation was therefore quashed and the matter remitted to the concerned Adjudicating Authority for fresh adjudication on merits after affording the petitioner an opportunity to be heard.
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