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...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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Service of GST notices and the impugned order solely by uploading them under "Additional Notices and Orders" on the GST portal, without any other mode of service, was held insufficient to impute due knowledge to the taxpayer when awareness arose only upon email intimation. Applying the principle that effective service must reasonably convey notice of the proceedings, the Court found that the proceedings had been continued and concluded without proper communication to the taxpayer. Consequently, the impugned order dated 21 May 2025 was set aside and the petition was disposed of. - HC
Service of GST notices and the impugned order solely by uploading them under "Additional Notices and Orders" on the GST portal, without any other mode of service, was held insufficient to impute due knowledge to the taxpayer when awareness arose only upon email intimation. Applying the principle that effective service must reasonably convey notice of the proceedings, the Court found that the proceedings had been continued and concluded without proper communication to the taxpayer. Consequently, the impugned order dated 21 May 2025 was set aside and the petition was disposed of. - HC
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