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 valuation rules require the proper officer, before rejecting a declared transaction value, to form reasonable and cogent grounds for doubt, seek necessary information, disclose those grounds when requested, and provide a hearing under Rule 12. An importer's written consent to reassessment may dispense with a speaking order under Section 17(5), but does not make the enhanced value the declared transaction value, waive mandatory valuation procedures, or prevent challenge to final assessment. Enhancement of imported scrap values solely on consent was therefore set aside and remanded for fresh reassessment after statutory compliance and observance of natural justice.
Customs valuation rules require the proper officer, before rejecting a declared transaction value, to form reasonable and cogent grounds for doubt, seek necessary information, disclose those grounds when requested, and provide a hearing under Rule 12. An importer's written consent to reassessment may dispense with a speaking order under Section 17(5), but does not make the enhanced value the declared transaction value, waive mandatory valuation procedures, or prevent challenge to final assessment. Enhancement of imported scrap values solely on consent was therefore set aside and remanded for fresh reassessment after statutory compliance and observance of natural justice.
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