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...
A Customs Broker was held not liable for export overvaluation where the record showed the exporter's authority letter, IEC, PAN-based KYC material and related documents, and the alleged failures to advise compliance, exercise due diligence and verify the client were not proved. The Tribunal reiterated that a broker is not required to determine export value or detect misdeclaration as a customs officer would, and rejected liability based on supposed collusion. It also treated the inquiry and adjudication timelines under the Customs Broker Licensing Regulations as mandatory, so delay beyond those periods vitiated the proceedings. Separate penalty already imposed on the same facts made the further penal action unsustainable, and the licence revocation, forfeiture and penalty were set aside.
A Customs Broker was held not liable for export overvaluation where the record showed the exporter's authority letter, IEC, PAN-based KYC material and related documents, and the alleged failures to advise compliance, exercise due diligence and verify the client were not proved. The Tribunal reiterated that a broker is not required to determine export value or detect misdeclaration as a customs officer would, and rejected liability based on supposed collusion. It also treated the inquiry and adjudication timelines under the Customs Broker Licensing Regulations as mandatory, so delay beyond those periods vitiated the proceedings. Separate penalty already imposed on the same facts made the further penal action unsustainable, and the licence revocation, forfeiture and penalty were set aside.
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