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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Refund claim - order of assessment in appeal not challenged - The Tribunal acknowledged the appellants' arguments regarding the contractual agreement and the price variation clause but emphasized that the refund claims were filed without challenging the assessment of the Bills of Entry. - Citing the decision in ITC Limited vs. Commissioner, the CESTAT held that refund claims cannot be entertained unless the order of assessment or self-assessment is modified in accordance with the law. It clarified that refund proceedings are not meant for reassessment and that the conditions of exemption cannot be adjudicated within the scope of refund provisions.
Refund claim - order of assessment in appeal not challenged - The Tribunal acknowledged the appellants' arguments regarding the contractual agreement and the price variation clause but emphasized that the refund claims were filed without challenging the assessment of the Bills of Entry. - Citing the decision in ITC Limited vs. Commissioner, the CESTAT held that refund claims cannot be entertained unless the order of assessment or self-assessment is modified in accordance with the law. It clarified that refund proceedings are not meant for reassessment and that the conditions of exemption cannot be adjudicated within the scope of refund provisions.
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