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 ...
Subsumation of pre-GST levies into GST reduced the effective tax incidence on DTH services, and that statutory reduction (despite a higher headline rate) created a pass through benefit which suppliers were obliged to transmit to consumers; failure to collect entertainment tax pre GST does not negate that obligation. The obligation to pass resulting tax/ITC benefits applies and was found unmet, with profiteering quantified by comparison of input tax credit to turnover (DGAP methodology) at the stated amount for the period, and the remedy directed as deposit into Central and State Consumer Welfare Funds with interest treatment governed prospectively by the amended rules.
Subsumation of pre-GST levies into GST reduced the effective tax incidence on DTH services, and that statutory reduction (despite a higher headline rate) created a pass through benefit which suppliers were obliged to transmit to consumers; failure to collect entertainment tax pre GST does not negate that obligation. The obligation to pass resulting tax/ITC benefits applies and was found unmet, with profiteering quantified by comparison of input tax credit to turnover (DGAP methodology) at the stated amount for the period, and the remedy directed as deposit into Central and State Consumer Welfare Funds with interest treatment governed prospectively by the amended rules.
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