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 ...
Levy of Merchant Overtime Fee - the High Court ruled in favor of the appellant, overturning the Tribunal's decision to levy MOT charges for utilizing the services of Central Excise Officers during office hours. The court emphasized the importance of adhering to binding precedents, liberal interpretation of circulars, and adherence to procedural guidelines outlined in CBEC Manuals. They also highlighted the significance of considering the 24/7 mandate for Customs Officers and avoiding the imposition of unnecessary transaction costs and paperwork. Additionally, the court underscored the Principles of Natural Justice and the necessity of considering all relevant judicial pronouncements in such matters.
Levy of Merchant Overtime Fee - the High Court ruled in favor of the appellant, overturning the Tribunal's decision to levy MOT charges for utilizing the services of Central Excise Officers during office hours. The court emphasized the importance of adhering to binding precedents, liberal interpretation of circulars, and adherence to procedural guidelines outlined in CBEC Manuals. They also highlighted the significance of considering the 24/7 mandate for Customs Officers and avoiding the imposition of unnecessary transaction costs and paperwork. Additionally, the court underscored the Principles of Natural Justice and the necessity of considering all relevant judicial pronouncements in such matters.
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