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...
Customs seizure of gold bars requires objective material showing reasonable belief of smuggled or foreign origin; mere suspicion, a high purity test report, or a claimed "diamond marking" is insufficient without corroborating evidence. The text also stresses that co-noticee statements must be independently supported and properly brought on record under Section 138B before they can sustain confiscation. Penalty under Section 112(b)(i) applies only where the goods are liable to confiscation and the person knowingly dealt with them or had reason to believe they were so liable. The discussion notes that confiscation and penalties were set aside on the recorded facts.
Customs seizure of gold bars requires objective material showing reasonable belief of smuggled or foreign origin; mere suspicion, a high purity test report, or a claimed "diamond marking" is insufficient without corroborating evidence. The text also stresses that co-noticee statements must be independently supported and properly brought on record under Section 138B before they can sustain confiscation. Penalty under Section 112(b)(i) applies only where the goods are liable to confiscation and the person knowingly dealt with them or had reason to believe they were so liable. The discussion notes that confiscation and penalties were set aside on the recorded facts.
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