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 ...
A bona fide transferee of a duty-free licence re-registered in the customs system was held not liable for customs duty merely because the licence was later alleged to have been fraudulently re-registered. The Tribunal distinguished an existing licence that had been re-registered from a fake or forged licence, and applied the principle that a purchaser for value cannot be denied benefit where the licence was validly in circulation and acted upon during its validity. It also held that the extended period was unavailable because the notice relied only on an alleged failure to verify the licence, without any misrepresentation, collusion, or suppression by the purchaser. The demand and impugned order were set aside.
A bona fide transferee of a duty-free licence re-registered in the customs system was held not liable for customs duty merely because the licence was later alleged to have been fraudulently re-registered. The Tribunal distinguished an existing licence that had been re-registered from a fake or forged licence, and applied the principle that a purchaser for value cannot be denied benefit where the licence was validly in circulation and acted upon during its validity. It also held that the extended period was unavailable because the notice relied only on an alleged failure to verify the licence, without any misrepresentation, collusion, or suppression by the purchaser. The demand and impugned order were set aside.
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