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    July 30, 2026   Case LawsCustoms
    Prohibited versus restricted imports: provisional release remains available where tyre classification and compliance conditions await adjudication.
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    July 30, 2026   Case Laws Customs
    Prohibited versus restricted imports: provisional release remains available where tyre classification and compliance conditions await adjudication.
    July 30, 2026   Case Laws Customs
    RoDTEP duty credit for authorised restricted sugar exports cannot be denied where prescribed governmental conditions are fulfilled.
    July 30, 2026   Case Laws Customs
    Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final customs assessments.
    July 30, 2026   Case Laws Customs
    Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clearance filings.
    July 30, 2026   Case Laws Customs
    Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabilities.
    July 30, 2026   Case Laws Customs
    Baggage confiscation orders are outside Tribunal appeal jurisdiction and must be challenged through the statutory revision remedy.
    July 30, 2026   Case Laws Customs
    Customs penalty for unsubstantiated dealings in confiscated cigarettes was sustained, while an excessive penalty quantum was reduced.
    July 30, 2026   Case Laws Customs
    Warehousing-period extension requires reasoned quasi-judicial adjudication, with notice and hearing before any denial takes effect.
    July 30, 2026   Case Laws Companies Law
    Threshold FIR quashing requires prima facie review, leaving alleged forged loan-security documents and parallel prosecution to investigation.
    July 30, 2026   Case Laws Companies Law
    Territorial jurisdiction follows contractual performance, while expired letters of credit do not extinguish underlying export-sale obligations.
    July 30, 2026   Case Laws Companies Law
    Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determination.
    July 30, 2026   Case Laws FEMA
    Penalty discretion under FEMA remains intact where a reasoned order is supported by evidence and inadequacy is unproven.
    July 30, 2026   Case Laws Money Laundering
    Pre-cognizance hearing under BNSS applies to PMLA complaints, requiring proposed accused to be heard before cognizance is taken.
    July 30, 2026   Case Laws Money Laundering
    Proceeds of crime are foundational to money-laundering proceedings, which cannot continue after final discharge in the scheduled offence.
    July 30, 2026   Case Laws Service Tax
    Licensing pre-existing know-how is not consulting engineer service, and pre-section 66A reverse-charge demands fail without statutory authority.
    July 30, 2026   Case Laws VAT / Sales Tax
    Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without supporting evidence.
    July 30, 2026   Case Laws VAT / Sales Tax
    Director liability for company tax dues requires statutory inquiry, with the Director proving absence of negligence or misconduct.
    July 29, 2026   Notifications SEZ
    SEZ bifurcation and partial de-notification restructure the Manikonda technology zone into two separately delineated IT-enabled services areas.
    July 29, 2026   Notifications Customs
    Anti-dumping duty on Low Ash Metallurgical Coke applies to specified imports, with conditional exemptions for defined industrial uses.
    July 29, 2026   Notifications Income Tax
    Specified income exemption for the real estate regulatory authority depends on non-commercial activity, return filing, and unchanged income sources.

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      Home› Highlights › Income Tax › 2018 › November, 2018 › This
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      Income Tax

      There was a genuine transaction of purchase and sale of shares...

      Long Term Capital Gain from Share Sale Exempt from Tax u/s 10(38), Not Taxable u/s 68.

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      Income TaxNovember 9, 2018Case LawsAT
      There was a genuine transaction of purchase and sale of shares on which assessee has earned Long Term Capital Gain, and therefore, such Long Term Capital Gain cannot be taxed u/s. 68. Since Long Term Capital Gain is exempted u/s. 10(38), therefore, no addition is called for
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