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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Customs classification of facsimile machines turns on the tariff language, with HSN Explanatory Notes serving only as an interpretative aid where the language is ambiguous and not as a restriction on statutory wording. The note explains that "capable of connecting" to a network does not require built-in direct cable connectivity; operation through an ATA or similar external interface may satisfy the requirement. Where Revenue seeks to replace an accepted import classification, it must provide cogent technical evidence rather than rely on presumption or HSN interpretation alone. It further states that disclosed goods examined at assessment cannot attract extended limitation absent proven concealment, withheld specifications, or false declaration.
Customs classification of facsimile machines turns on the tariff language, with HSN Explanatory Notes serving only as an interpretative aid where the language is ambiguous and not as a restriction on statutory wording. The note explains that "capable of connecting" to a network does not require built-in direct cable connectivity; operation through an ATA or similar external interface may satisfy the requirement. Where Revenue seeks to replace an accepted import classification, it must provide cogent technical evidence rather than rely on presumption or HSN interpretation alone. It further states that disclosed goods examined at assessment cannot attract extended limitation absent proven concealment, withheld specifications, or false declaration.
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