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...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
Related-party imports allow rejection of declared transaction value where common family control creates a reasonable doubt about the truth and accuracy of the price, and proof of additional cash payment is not required once that doubt arises. After rejection, customs valuation must follow the prescribed methods sequentially, and the authority cannot apply multiple rules at once or switch between rules for different goods without showing why earlier methods failed for each consignment. Residual valuation cannot be based on arbitrary figures such as assumed average undervaluation, export-country prices, or domestic sale prices when those do not fit the valuation scheme. On that basis, consequential duty, confiscation, fine, interest and penalties cannot stand if the re-determined value is unsustainable.
Related-party imports allow rejection of declared transaction value where common family control creates a reasonable doubt about the truth and accuracy of the price, and proof of additional cash payment is not required once that doubt arises. After rejection, customs valuation must follow the prescribed methods sequentially, and the authority cannot apply multiple rules at once or switch between rules for different goods without showing why earlier methods failed for each consignment. Residual valuation cannot be based on arbitrary figures such as assumed average undervaluation, export-country prices, or domestic sale prices when those do not fit the valuation scheme. On that basis, consequential duty, confiscation, fine, interest and penalties cannot stand if the re-determined value is unsustainable.
Note: It is a system-generated summary and is for quick reference only.