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...
Cancellation of warehouse licenses - Penalty u/s 117 - The Tribunal found that the Department had not adhered to the proper procedure for canceling the licenses and that the appellant had submitted genuine insurance policies for some licenses, which were erroneously cancelled. It also noted that the requirement for submitting NOCs from the port was not mandated by the relevant regulations. - Furthermore, the Tribunal held that the penalty imposed on the Director of the appellant company was not sustainable as the specific contraventions under the Customs Act were not established in the Show-Cause Notice.
Cancellation of warehouse licenses - Penalty u/s 117 - The Tribunal found that the Department had not adhered to the proper procedure for canceling the licenses and that the appellant had submitted genuine insurance policies for some licenses, which were erroneously cancelled. It also noted that the requirement for submitting NOCs from the port was not mandated by the relevant regulations. - Furthermore, the Tribunal held that the penalty imposed on the Director of the appellant company was not sustainable as the specific contraventions under the Customs Act were not established in the Show-Cause Notice.
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