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 ...
Where a statutory appellate forum is constituted and functional, writ jurisdiction is inappropriate and petitioners must pursue the statutory remedy; the court directed the petitioner to comply with the mandatory pre condition in Section 112(8) (deposit requirement) and to file the appeal within the notified timeline, whereupon the GSTAT shall entertain the appeal if it is in order under Section 112 and applicable rules. The writ was disposed of with directions to deposit and file before the Tribunal; the court declined to rule on the merits of the first appellate order.
Where a statutory appellate forum is constituted and functional, writ jurisdiction is inappropriate and petitioners must pursue the statutory remedy; the court directed the petitioner to comply with the mandatory pre condition in Section 112(8) (deposit requirement) and to file the appeal within the notified timeline, whereupon the GSTAT shall entertain the appeal if it is in order under Section 112 and applicable rules. The writ was disposed of with directions to deposit and file before the Tribunal; the court declined to rule on the merits of the first appellate order.
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