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...
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Delay in filing a statutory GST appeal against cancellation of registration was condoned under writ jurisdiction where the online portal did not permit filing after limitation expired and the delay was not shown to be deliberate. The Court held that although the Appellate Authority remains bound by Section 107 limitation, denial of a hearing on merits in these circumstances would cause grave prejudice and effectively deny the statutory remedy. Relying on prior Division Bench decisions, the Court treated the delay as arising from reasons beyond the petitioner's control and directed the Appellate Authority to entertain the appeal and decide it on merits.
Delay in filing a statutory GST appeal against cancellation of registration was condoned under writ jurisdiction where the online portal did not permit filing after limitation expired and the delay was not shown to be deliberate. The Court held that although the Appellate Authority remains bound by Section 107 limitation, denial of a hearing on merits in these circumstances would cause grave prejudice and effectively deny the statutory remedy. Relying on prior Division Bench decisions, the Court treated the delay as arising from reasons beyond the petitioner's control and directed the Appellate Authority to entertain the appeal and decide it on merits.
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