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...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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Valuation of imported goods - inclusion of royalty and the cost of advertisement incurred by the Appellant in India in assessable value - related party - The Tribunal allowed the appeals, stating that the royalty payments related to the licensed products could not be added to the transaction value of imported goods as they did not satisfy the conditions laid out in the Customs Valuation Rules, 2007. Similarly, it held that advertisement expenses were post-import activities and should not be included in the transaction value. The Tribunal emphasized the absence of a direct relationship between the appellant and suppliers under the related persons' definition, affecting the valuation of imported goods.
Valuation of imported goods - inclusion of royalty and the cost of advertisement incurred by the Appellant in India in assessable value - related party - The Tribunal allowed the appeals, stating that the royalty payments related to the licensed products could not be added to the transaction value of imported goods as they did not satisfy the conditions laid out in the Customs Valuation Rules, 2007. Similarly, it held that advertisement expenses were post-import activities and should not be included in the transaction value. The Tribunal emphasized the absence of a direct relationship between the appellant and suppliers under the related persons' definition, affecting the valuation of imported goods.
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