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 advance rulings bind only the applicant and jurisdictional customs authorities, but their legal principles have persuasive value in later cases unless facts differ or the law changes. Applying this approach to the classification of imported dehydrated dark and small seedless raisins, the notes state that undisputed statutory certificates supported the declared description. The adjudicating authority did not produce the relied-on investigation report or obtain laboratory testing, and therefore could not displace the certificates through an unsubstantiated investigation. The reclassification, resulting duty demand, confiscation and penalties were unsustainable, and the goods qualified for the claimed customs exemption.
Customs advance rulings bind only the applicant and jurisdictional customs authorities, but their legal principles have persuasive value in later cases unless facts differ or the law changes. Applying this approach to the classification of imported dehydrated dark and small seedless raisins, the notes state that undisputed statutory certificates supported the declared description. The adjudicating authority did not produce the relied-on investigation report or obtain laboratory testing, and therefore could not displace the certificates through an unsubstantiated investigation. The reclassification, resulting duty demand, confiscation and penalties were unsustainable, and the goods qualified for the claimed customs exemption.
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