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 ...
Transportation and incidental handling of food grains by road was held not taxable as Goods Transport Agency service because consignment notes were absent, and issuance of a consignment note is an essential condition for that category. The alternative classification as cargo handling service also failed, since the demand was raised on the entire consideration without a workable split between transport and handling charges, and mere transport is outside cargo handling. The activity was treated as covered by the negative list and, in any event, exempt for loading and unloading of agricultural produce. On that footing, service tax, interest and penalties were unsustainable, and the extended period could not be invoked once the underlying activity was found non-taxable.
Transportation and incidental handling of food grains by road was held not taxable as Goods Transport Agency service because consignment notes were absent, and issuance of a consignment note is an essential condition for that category. The alternative classification as cargo handling service also failed, since the demand was raised on the entire consideration without a workable split between transport and handling charges, and mere transport is outside cargo handling. The activity was treated as covered by the negative list and, in any event, exempt for loading and unloading of agricultural produce. On that footing, service tax, interest and penalties were unsustainable, and the extended period could not be invoked once the underlying activity was found non-taxable.
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