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 ...
Refund of unutilized input tax credit under an inverted duty structure had to be reconsidered by the competent authority in light of the Supreme Court's ruling in Union of India v. VKC Footsteps India Pvt. Ltd., which upheld the restriction of refund under Rule 89(5) to input goods and excluded input services from Net ITC. The High Court did not examine the petitioner's computation on merits, as the refund issue was to be freshly decided under the settled legal position. If the authority disagreed with the petitioner's computation, it was directed to pass a speaking order giving specific reasons expeditiously.
Refund of unutilized input tax credit under an inverted duty structure had to be reconsidered by the competent authority in light of the Supreme Court's ruling in Union of India v. VKC Footsteps India Pvt. Ltd., which upheld the restriction of refund under Rule 89(5) to input goods and excluded input services from Net ITC. The High Court did not examine the petitioner's computation on merits, as the refund issue was to be freshly decided under the settled legal position. If the authority disagreed with the petitioner's computation, it was directed to pass a speaking order giving specific reasons expeditiously.
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