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...
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Prior judicial determination of an identical classification issue bars an advance-ruling application where no material distinguishing facts or new circumstances are shown. Roasted areca nuts therefore could not be reconsidered on merits. Oven-roasted walnuts, whose roasting changes their flavour, colour and texture and makes them ready for consumption, are not treated as merely preserved nuts under Chapter 8. They fall under Customs Tariff Item 2008 19 91 as other roasted nuts and seeds. Concessional customs duty requires strict compliance with the applicable exemption notification, tariff entry and origin conditions prevailing on import; the importer must prove origin to the competent customs officer's satisfaction.
Prior judicial determination of an identical classification issue bars an advance-ruling application where no material distinguishing facts or new circumstances are shown. Roasted areca nuts therefore could not be reconsidered on merits. Oven-roasted walnuts, whose roasting changes their flavour, colour and texture and makes them ready for consumption, are not treated as merely preserved nuts under Chapter 8. They fall under Customs Tariff Item 2008 19 91 as other roasted nuts and seeds. Concessional customs duty requires strict compliance with the applicable exemption notification, tariff entry and origin conditions prevailing on import; the importer must prove origin to the competent customs officer's satisfaction.
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