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 ...
A clarificatory duty drawback circular is described as operating retrospectively where it explains an existing entitlement rather than creating a new fiscal benefit. The text states that merchant exporters remained eligible for All Industry Rate customs duty drawback under earlier notifications despite availing CENVAT credit, making recovery of the drawback unsustainable. It further describes interest on the refunded drawback as payable from the filing of the writ petition until actual payment, with refund and interest directed within the stipulated period. An insolvency-related alternative prayer was left open.
A clarificatory duty drawback circular is described as operating retrospectively where it explains an existing entitlement rather than creating a new fiscal benefit. The text states that merchant exporters remained eligible for All Industry Rate customs duty drawback under earlier notifications despite availing CENVAT credit, making recovery of the drawback unsustainable. It further describes interest on the refunded drawback as payable from the filing of the writ petition until actual payment, with refund and interest directed within the stipulated period. An insolvency-related alternative prayer was left open.
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