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 ...
Special Additional Duty refund limitation under an amending customs exemption notification is addressed in relation to a claim rejected solely for filing beyond one year. The limitation was treated as requiring read-down because subordinate legislation could not impose a time bar affecting substantive refund rights without applying a statutory limitation under the parent enactment. A contrary High Court view was noted, but the refund claim was treated as covered by the decisions supporting read-down. The time-bar rejection was set aside, with consequential relief in accordance with law.
Special Additional Duty refund limitation under an amending customs exemption notification is addressed in relation to a claim rejected solely for filing beyond one year. The limitation was treated as requiring read-down because subordinate legislation could not impose a time bar affecting substantive refund rights without applying a statutory limitation under the parent enactment. A contrary High Court view was noted, but the refund claim was treated as covered by the decisions supporting read-down. The time-bar rejection was set aside, with consequential relief in accordance with law.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4807 
Join Channel 
