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...
Preferential tariff benefit under the ASEAN-India Free Trade Area cannot be denied solely because an overseas supplier did not cooperate in a general origin-verification exercise. Each Certificate of Origin is an independent statutory document for a distinct import transaction and requires transaction-specific verification; departmental correspondence does not itself invalidate certificates issued by the exporting country's designated authority. In the absence of findings that the certificates were forged, cancelled, fraudulently obtained or otherwise invalid, the article states that preferential duty treatment remains available. It also explains that extended limitation requires Revenue to prove fraud, collusion, wilful misstatement or intentional suppression; an openly disclosed claim supported by certificates accepted at assessment does not establish wilful suppression.
Preferential tariff benefit under the ASEAN-India Free Trade Area cannot be denied solely because an overseas supplier did not cooperate in a general origin-verification exercise. Each Certificate of Origin is an independent statutory document for a distinct import transaction and requires transaction-specific verification; departmental correspondence does not itself invalidate certificates issued by the exporting country's designated authority. In the absence of findings that the certificates were forged, cancelled, fraudulently obtained or otherwise invalid, the article states that preferential duty treatment remains available. It also explains that extended limitation requires Revenue to prove fraud, collusion, wilful misstatement or intentional suppression; an openly disclosed claim supported by certificates accepted at assessment does not establish wilful suppression.
Note: It is a system-generated summary and is for quick reference only.