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 ...
SEBI has clarified that an SPV holding an infrastructure project does not lose its SPV status merely because the concession agreement or a similar agreement ends or is terminated, subject to specified conditions. The Investment Manager must, within one year from the later of project completion or termination, resolution of pending claims, litigations, tax assessments and related appeals, or completion of the defect liability period, either exit the SPV through sale, liquidation, winding-up or merger, or acquire a new infrastructure project in that SPV. Time taken for statutory or regulatory approvals is excluded. Until exit, detailed annual disclosures are required at InvIT and SPV level on investments, assets and liabilities, contingent liabilities, debt, exit plan and other material matters.
SEBI has clarified that an SPV holding an infrastructure project does not lose its SPV status merely because the concession agreement or a similar agreement ends or is terminated, subject to specified conditions. The Investment Manager must, within one year from the later of project completion or termination, resolution of pending claims, litigations, tax assessments and related appeals, or completion of the defect liability period, either exit the SPV through sale, liquidation, winding-up or merger, or acquire a new infrastructure project in that SPV. Time taken for statutory or regulatory approvals is excluded. Until exit, detailed annual disclosures are required at InvIT and SPV level on investments, assets and liabilities, contingent liabilities, debt, exit plan and other material matters.
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