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...
A waiver application filed beyond three months from the notified date could not be rejected solely as time-barred because the relevant notification used enabling language and the filing period was directory, not mandatory. The High Court held that the authority misdirected itself in law by treating the three-month period as an inflexible bar. The rejection order was quashed, and the application was directed to be reconsidered on merits in accordance with law; pending such reconsideration, the show cause notice, summary notice and order in original were kept in abeyance.
A waiver application filed beyond three months from the notified date could not be rejected solely as time-barred because the relevant notification used enabling language and the filing period was directory, not mandatory. The High Court held that the authority misdirected itself in law by treating the three-month period as an inflexible bar. The rejection order was quashed, and the application was directed to be reconsidered on merits in accordance with law; pending such reconsideration, the show cause notice, summary notice and order in original were kept in abeyance.
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