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 ...
The case before CESTAT Chennai involved the recovery of short-paid excise duty, interest, and penalty, focusing on the admissibility of electronic evidence obtained during previous proceedings for a different company. The key issues included compliance with Section 36B of the Central Excise Act, 1944, quantification of demand based on cash to invoice value, and alleged suppression of facts. The tribunal found that the electronic evidence did not comply with Section 36B, rendering it inadmissible. Additionally, the method of quantifying duty based on dealer prices from different regions was deemed inappropriate. Ultimately, the demand for duty, interest, and penalties was not sustained, and the appeal was allowed.
The case before CESTAT Chennai involved the recovery of short-paid excise duty, interest, and penalty, focusing on the admissibility of electronic evidence obtained during previous proceedings for a different company. The key issues included compliance with Section 36B of the Central Excise Act, 1944, quantification of demand based on cash to invoice value, and alleged suppression of facts. The tribunal found that the electronic evidence did not comply with Section 36B, rendering it inadmissible. Additionally, the method of quantifying duty based on dealer prices from different regions was deemed inappropriate. Ultimately, the demand for duty, interest, and penalties was not sustained, and the appeal was allowed.
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