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...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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Limitation for the show cause notice ran from the first police seizure on a smuggling allegation, so Customs could not extend time by treating the later transfer of custody as a fresh seizure; the notice was therefore time-barred and void. The purported Customs seizure also failed because reason to believe, the jurisdictional basis for seizure, was not shown on objective pre-seizure material. Section 123 did not apply because foreign origin was never established. The retracted custodial police statement was discarded for lack of independent corroboration, while family statements and the purchase receipt supported licit ancestral ownership. Confiscation and penalties under the Customs Act accordingly failed and the gold was directed to be released.
Limitation for the show cause notice ran from the first police seizure on a smuggling allegation, so Customs could not extend time by treating the later transfer of custody as a fresh seizure; the notice was therefore time-barred and void. The purported Customs seizure also failed because reason to believe, the jurisdictional basis for seizure, was not shown on objective pre-seizure material. Section 123 did not apply because foreign origin was never established. The retracted custodial police statement was discarded for lack of independent corroboration, while family statements and the purchase receipt supported licit ancestral ownership. Confiscation and penalties under the Customs Act accordingly failed and the gold was directed to be released.
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