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...
Duty drawback recovery under Rule 16, despite no express limitation period, must be initiated within a reasonable time based on the facts. The text states that delayed recovery may be sustainable where fraudulent availment or suppression is alleged, but non-production of proof of export-proceeds realisation alone does not establish either ground. Where recovery proceedings begin more than seven years after drawback payments and no explanation is given for the delay, the text treats the proceedings as time-barred. It also notes that the consequential demand and penalty were set aside.
Duty drawback recovery under Rule 16, despite no express limitation period, must be initiated within a reasonable time based on the facts. The text states that delayed recovery may be sustainable where fraudulent availment or suppression is alleged, but non-production of proof of export-proceeds realisation alone does not establish either ground. Where recovery proceedings begin more than seven years after drawback payments and no explanation is given for the delay, the text treats the proceedings as time-barred. It also notes that the consequential demand and penalty were set aside.
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