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 ...
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...
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The Registry's role is limited to checking procedural regularity and filing compliance; it cannot decide or pre-judge maintainability. If the papers are otherwise in order but maintainability remains doubtful, the petition must still be numbered with the endorsement "numbered subject to maintainability" and placed before the roster Bench, which alone can determine that issue. The HC reaffirmed this settled position with reference to Supreme Court authority and the applicable filing circular, and directed the writ petition to be numbered and listed for maintainability before the roster Court.
The Registry's role is limited to checking procedural regularity and filing compliance; it cannot decide or pre-judge maintainability. If the papers are otherwise in order but maintainability remains doubtful, the petition must still be numbered with the endorsement "numbered subject to maintainability" and placed before the roster Bench, which alone can determine that issue. The HC reaffirmed this settled position with reference to Supreme Court authority and the applicable filing circular, and directed the writ petition to be numbered and listed for maintainability before the roster Court.
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