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...
Declared customs transaction value may be rejected only on cogent evidence of extra consideration or reliable contemporaneous imports of comparable goods at higher prices. The notes state that unsupported statements, uncertified electronic records, and uniform loading without consignment-specific comparability do not establish undervaluation. Where final assessments were made and no fraud, collusion, wilful misstatement, or suppression with intent to evade duty is proved, the extended demand period is unavailable. If the valuation-based demand fails, consequential duty, confiscation, interest, and penalty cannot stand; seized currency lacking a proven nexus must be released, and investigation deposits must be refunded with applicable interest.
Declared customs transaction value may be rejected only on cogent evidence of extra consideration or reliable contemporaneous imports of comparable goods at higher prices. The notes state that unsupported statements, uncertified electronic records, and uniform loading without consignment-specific comparability do not establish undervaluation. Where final assessments were made and no fraud, collusion, wilful misstatement, or suppression with intent to evade duty is proved, the extended demand period is unavailable. If the valuation-based demand fails, consequential duty, confiscation, interest, and penalty cannot stand; seized currency lacking a proven nexus must be released, and investigation deposits must be refunded with applicable interest.
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