Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
The HC dismissed the petitions for lack of maintainability, holding that petitioners failed to justify bypassing the statutory requirement to exhaust alternative remedies against assessment orders and had falsely averred the absence of any effective remedy. The Court observed that GST liability under Joint Development Agreements raises fact-intensive issues-requiring examination of the agreement terms and factual matrix-which are appropriately determined by the appellate authorities under the Act. No breach of natural justice was alleged. Relying on established precedents concerning exhaustion of remedies, the Court declined to entertain the writ petitions but granted petitioners liberty to institute statutory appeals against the impugned assessment orders.
The HC dismissed the petitions for lack of maintainability, holding that petitioners failed to justify bypassing the statutory requirement to exhaust alternative remedies against assessment orders and had falsely averred the absence of any effective remedy. The Court observed that GST liability under Joint Development Agreements raises fact-intensive issues-requiring examination of the agreement terms and factual matrix-which are appropriately determined by the appellate authorities under the Act. No breach of natural justice was alleged. Relying on established precedents concerning exhaustion of remedies, the Court declined to entertain the writ petitions but granted petitioners liberty to institute statutory appeals against the impugned assessment orders.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4824 
Join Channel 
