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...
Integrated Drive Generator and Starter Generator were examined for tariff classification, and the Tribunal held that CTH 8501 applied because CTH 8511 is confined to generators used with spark-ignition or compression-ignition internal combustion engines. As the goods were used with gas turbine aircraft engines, the department's reclassification failed and the customs duty, interest and consequential demand were set aside. The Customs Broker penalty also failed because the broker does not determine classification, and no overt act, involvement or connivance was proved; the section 117 penalty was therefore unwarranted.
Integrated Drive Generator and Starter Generator were examined for tariff classification, and the Tribunal held that CTH 8501 applied because CTH 8511 is confined to generators used with spark-ignition or compression-ignition internal combustion engines. As the goods were used with gas turbine aircraft engines, the department's reclassification failed and the customs duty, interest and consequential demand were set aside. The Customs Broker penalty also failed because the broker does not determine classification, and no overt act, involvement or connivance was proved; the section 117 penalty was therefore unwarranted.
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