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 ...
CESTAT NEW DELHI held that the appellant mis-declared quantity and quality, overvalued goods, and failed to comply with Advance Authorization requirements. Allegations of concealment and suppression of facts were proven, as the appellant utilized a lapsed authorization for importing goods. Procedural irregularities in sample drawl and examination were noted, with discrepancies in fabric composition. The appellant failed to discharge export obligations and suffered financial losses due to non-cooperation. The appellant's attempt to export goods as a third party exporter was fraudulent. The order of confiscation and penalties imposed were upheld, as the appellant failed to refute findings and evidence presented by the department. Both appeals were dismissed.
CESTAT NEW DELHI held that the appellant mis-declared quantity and quality, overvalued goods, and failed to comply with Advance Authorization requirements. Allegations of concealment and suppression of facts were proven, as the appellant utilized a lapsed authorization for importing goods. Procedural irregularities in sample drawl and examination were noted, with discrepancies in fabric composition. The appellant failed to discharge export obligations and suffered financial losses due to non-cooperation. The appellant's attempt to export goods as a third party exporter was fraudulent. The order of confiscation and penalties imposed were upheld, as the appellant failed to refute findings and evidence presented by the department. Both appeals were dismissed.
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