Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
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Authority to appoint a third party developer for completion of predominantly completed residential projects is sustained where protection of home buyers is the predominant consideration; the appellate tribunal's direction to bring in a government entity for completion is not found unfair or contrary to insolvency law and is upheld with specified modifications. Use of the court's equitable remedial power to ensure completion and orderly distribution is endorsed, permitting surplus distribution to other claimants by pari passu or other fair mechanisms. Interim injunctions that would impede the court approved completion mechanism are prohibited; the appeals are dismissed accordingly.
Authority to appoint a third party developer for completion of predominantly completed residential projects is sustained where protection of home buyers is the predominant consideration; the appellate tribunal's direction to bring in a government entity for completion is not found unfair or contrary to insolvency law and is upheld with specified modifications. Use of the court's equitable remedial power to ensure completion and orderly distribution is endorsed, permitting surplus distribution to other claimants by pari passu or other fair mechanisms. Interim injunctions that would impede the court approved completion mechanism are prohibited; the appeals are dismissed accordingly.
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