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 CBI investigation into alleged Customs corruption requires credible material disclosing a cognizable offence or reasonable suspicion of abuse of office; delayed clearance, valuation differences, or misdescription alone do not establish corruption. As no material indicated illegal gratification, record manipulation, or abuse of authority, the investigation request was rejected. Compensation for loss from delayed clearance involved disputed facts on causation and responsibility and could not be determined in writ jurisdiction; civil or other competent remedies remained available. Policy formulation on import clearance and penalties for delay lies with the legislature and executive absent a statutory or constitutional duty, so the policy-related prayers were rejected.
A CBI investigation into alleged Customs corruption requires credible material disclosing a cognizable offence or reasonable suspicion of abuse of office; delayed clearance, valuation differences, or misdescription alone do not establish corruption. As no material indicated illegal gratification, record manipulation, or abuse of authority, the investigation request was rejected. Compensation for loss from delayed clearance involved disputed facts on causation and responsibility and could not be determined in writ jurisdiction; civil or other competent remedies remained available. Policy formulation on import clearance and penalties for delay lies with the legislature and executive absent a statutory or constitutional duty, so the policy-related prayers were rejected.
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