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...
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Additional input tax credit benefit under anti-profiteering rules had to be passed on to homebuyers at the time of supply, and the Tribunal accepted the DGAP's revised computation showing that the benefit was not fully transferred. It directed refund of the unpassed amount with interest at 18% per annum from the respective dates of collection until actual repayment, treating retention of the benefit as excess consideration. It also held that penalty under Section 171(3A) applies to contraventions within its operative period, since the alleged profiteering overlapped the commencement date of that provision.
Additional input tax credit benefit under anti-profiteering rules had to be passed on to homebuyers at the time of supply, and the Tribunal accepted the DGAP's revised computation showing that the benefit was not fully transferred. It directed refund of the unpassed amount with interest at 18% per annum from the respective dates of collection until actual repayment, treating retention of the benefit as excess consideration. It also held that penalty under Section 171(3A) applies to contraventions within its operative period, since the alleged profiteering overlapped the commencement date of that provision.
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