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 ...
Monetary Limit in filing Revenue Appeal - threshold limit for filing appeals as per Central Board of Indirect Customs (CBIC) circulars - Instruction are binding effect Or not - The Tribunal examined the validity of this monetary limit and its applicability in the case, alongside interpreting relevant provisions of the Customs Act, 1962. - It found that while departmental officers are bound by CBIC instructions, courts, including the Tribunal, prioritize the interest of justice. The Tribunal held that the Commissioner (Appeals) had erred in not remanding the matter back to the proper officer for fresh decision/order as required by law. Additionally, it emphasized that circulars cannot override statutory provisions or judicial decisions and that the impugned instruction should not prejudice the department's rights. - The matter listed for final hearing on a specified date.
Monetary Limit in filing Revenue Appeal - threshold limit for filing appeals as per Central Board of Indirect Customs (CBIC) circulars - Instruction are binding effect Or not - The Tribunal examined the validity of this monetary limit and its applicability in the case, alongside interpreting relevant provisions of the Customs Act, 1962. - It found that while departmental officers are bound by CBIC instructions, courts, including the Tribunal, prioritize the interest of justice. The Tribunal held that the Commissioner (Appeals) had erred in not remanding the matter back to the proper officer for fresh decision/order as required by law. Additionally, it emphasized that circulars cannot override statutory provisions or judicial decisions and that the impugned instruction should not prejudice the department's rights. - The matter listed for final hearing on a specified date.
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