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...
Imported digital projectors leased to cinema halls on a right-to-use basis were treated as goods not intended for retail sale, so RSP-based CVD valuation was not permissible because the package requirement for declaring retail sale price was absent. The note states that assessable value had to be determined on transaction value rather than RSP, and the enhancement on MRP basis was unsustainable. It also states that actual freight and actual insurance had to be adopted where those costs were available on record, making notional loading at 20% of FOB for freight and 1.125% of FOB for insurance unjustified. Consequential amendment of the Bills of Entry was allowed.
Imported digital projectors leased to cinema halls on a right-to-use basis were treated as goods not intended for retail sale, so RSP-based CVD valuation was not permissible because the package requirement for declaring retail sale price was absent. The note states that assessable value had to be determined on transaction value rather than RSP, and the enhancement on MRP basis was unsustainable. It also states that actual freight and actual insurance had to be adopted where those costs were available on record, making notional loading at 20% of FOB for freight and 1.125% of FOB for insurance unjustified. Consequential amendment of the Bills of Entry was allowed.
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