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 penalty u/r 25 of CER - Penalty on Registered Dealers, Unregistered Dealers and Transporters - Availment of fraudulent credit - issuance of Cenvatable invoices without actual dispatch of goods - The Tribunal held that penalties could indeed be imposed on registered dealers under Rule 25 for issuing Cenvatable invoices without actual movement of goods. The Tribunal found that the dealers had contravened the rules with the intent to evade payment of duty. - The Tribunal held that penalties were warranted for unregistered dealers and transporters who facilitated fraudulent activities, despite their claims that the goods did not reach the intended destination. The Tribunal emphasized the liability of all involved parties in facilitating fraudulent activities.
Levy of penalty u/r 25 of CER - Penalty on Registered Dealers, Unregistered Dealers and Transporters - Availment of fraudulent credit - issuance of Cenvatable invoices without actual dispatch of goods - The Tribunal held that penalties could indeed be imposed on registered dealers under Rule 25 for issuing Cenvatable invoices without actual movement of goods. The Tribunal found that the dealers had contravened the rules with the intent to evade payment of duty. - The Tribunal held that penalties were warranted for unregistered dealers and transporters who facilitated fraudulent activities, despite their claims that the goods did not reach the intended destination. The Tribunal emphasized the liability of all involved parties in facilitating fraudulent activities.
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