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 ...
The AAR addressed entitlement to input tax credit on GST paid for a contractor-built breakwater and concluded ITC is disallowed because the supply was a works contract for construction of immovable property and does not meet the statutory exception for plant and machinery. The authority applied the statutory definition of plant and machinery rather than functionality tests from other statutes, found the works contract fell under the immovable-property exclusion, and held the applicant ineligible for ITC. The AAR declined to rule on supplier-centric rate-notification applicability because the ruling would bind the applicant but not the contractor.
The AAR addressed entitlement to input tax credit on GST paid for a contractor-built breakwater and concluded ITC is disallowed because the supply was a works contract for construction of immovable property and does not meet the statutory exception for plant and machinery. The authority applied the statutory definition of plant and machinery rather than functionality tests from other statutes, found the works contract fell under the immovable-property exclusion, and held the applicant ineligible for ITC. The AAR declined to rule on supplier-centric rate-notification applicability because the ruling would bind the applicant but not the contractor.
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