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 ...
Validity of Re-determination of Value - Goods have already been cleared from the port of import after examination and enhancement of value - The Appellate Tribunal found that the Department erred in re-determining the value of the imported goods, especially considering that the assessment orders had already been finalized and not challenged. The Tribunal ruled that the Department lacked the authority to subject the same machines to another examination and assessment. - The Tribunal concurred with the appellants’ interpretation of Customs Valuation Rules, particularly regarding the inapplicability of the depreciation method and the impermissibility of re-enhancing value after import clearance.
Validity of Re-determination of Value - Goods have already been cleared from the port of import after examination and enhancement of value - The Appellate Tribunal found that the Department erred in re-determining the value of the imported goods, especially considering that the assessment orders had already been finalized and not challenged. The Tribunal ruled that the Department lacked the authority to subject the same machines to another examination and assessment. - The Tribunal concurred with the appellants’ interpretation of Customs Valuation Rules, particularly regarding the inapplicability of the depreciation method and the impermissibility of re-enhancing value after import clearance.
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