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...
Petroleum-operation equipment moved from the DTA to an FTWZ after completion of its original contract and then returned to the DTA under a fresh essentiality certificate does not qualify for the residuary re-import exemption under Serial No. 5 of Notification No. 45/2017-Customs. The conditional petroleum-operation concession under Notification No. 50/2017-Customs is limited to certified use for the specified operation and includes its own transfer mechanism for eligible operations; an FTWZ movement cannot create an additional fiscal benefit. The SEZ statutory fiction is limited in scope, and equipment identity alone does not establish continuity with the original outward movement. FTWZ-to-DTA clearance for a new domestic contract is a fresh import, making the re-import exemption unavailable.
Petroleum-operation equipment moved from the DTA to an FTWZ after completion of its original contract and then returned to the DTA under a fresh essentiality certificate does not qualify for the residuary re-import exemption under Serial No. 5 of Notification No. 45/2017-Customs. The conditional petroleum-operation concession under Notification No. 50/2017-Customs is limited to certified use for the specified operation and includes its own transfer mechanism for eligible operations; an FTWZ movement cannot create an additional fiscal benefit. The SEZ statutory fiction is limited in scope, and equipment identity alone does not establish continuity with the original outward movement. FTWZ-to-DTA clearance for a new domestic contract is a fresh import, making the re-import exemption unavailable.
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