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 ...
Misdeclaration of aluminium goods led to reclassification of the live consignment as aluminium tubes under CTH 7608 2000, with declared value rejected on the strength of parallel invoices; confiscation was sustained, redemption fine reduced, penalty under Section 112(a) upheld, and penalty under Section 114AA set aside. For subsequent consignments, reclassification failed because no samples were drawn and no specific evidentiary finding identified the goods as tubes, so the demand, fine and penalties were set aside. For earlier imports, the extended period could not be invoked again on the same material, limiting duty only to admitted freight charges for the normal period. In the undervaluation matter, duty and interest survived only for the normal period, while penalties on the director and supplier-side officer were set aside.
Misdeclaration of aluminium goods led to reclassification of the live consignment as aluminium tubes under CTH 7608 2000, with declared value rejected on the strength of parallel invoices; confiscation was sustained, redemption fine reduced, penalty under Section 112(a) upheld, and penalty under Section 114AA set aside. For subsequent consignments, reclassification failed because no samples were drawn and no specific evidentiary finding identified the goods as tubes, so the demand, fine and penalties were set aside. For earlier imports, the extended period could not be invoked again on the same material, limiting duty only to admitted freight charges for the normal period. In the undervaluation matter, duty and interest survived only for the normal period, while penalties on the director and supplier-side officer were set aside.
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