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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
An adjudication order alleging ineligible input tax credit on account of a mismatch between GSTR-3B and GSTR-2A could not stand where the authority failed to consider the reconciliation statement specifically furnished by the taxpayer and did not give an effective opportunity to explain the discrepancy. The HC held that, because the dispute was factual and the reply referred to reconciliation material in Annexure-1, the authority was required to re-examine that material before concluding that no reconciliation had been produced. The order was set aside and the matter remitted for fresh consideration after giving the taxpayer an opportunity to explain the ITC mismatch.
An adjudication order alleging ineligible input tax credit on account of a mismatch between GSTR-3B and GSTR-2A could not stand where the authority failed to consider the reconciliation statement specifically furnished by the taxpayer and did not give an effective opportunity to explain the discrepancy. The HC held that, because the dispute was factual and the reply referred to reconciliation material in Annexure-1, the authority was required to re-examine that material before concluding that no reconciliation had been produced. The order was set aside and the matter remitted for fresh consideration after giving the taxpayer an opportunity to explain the ITC mismatch.
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