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 ...
Remission of duty - Application of Section 23 - duty free goods brought into SEZ and the same were destroyed in fire or otherwise - The Appellate Tribunal noted that there have been previous cases where goods destroyed in SEZs were found eligible for remission of duty under the Customs Act. Citing a specific case (ONGC Petro Additions Ltd. Vs. CC), the Tribunal highlighted that the responsibility for ensuring the safety of goods lies with the appellant, but negligence was not proven in this instance. Additionally, it was noted that the absence of customs inspection or analysis further supported the appellant's claim of lack of negligence. - The Tribunal upheld the appellant's right to remission of duty.
Remission of duty - Application of Section 23 - duty free goods brought into SEZ and the same were destroyed in fire or otherwise - The Appellate Tribunal noted that there have been previous cases where goods destroyed in SEZs were found eligible for remission of duty under the Customs Act. Citing a specific case (ONGC Petro Additions Ltd. Vs. CC), the Tribunal highlighted that the responsibility for ensuring the safety of goods lies with the appellant, but negligence was not proven in this instance. Additionally, it was noted that the absence of customs inspection or analysis further supported the appellant's claim of lack of negligence. - The Tribunal upheld the appellant's right to remission of duty.
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