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 involved misclassification and misdeclaration of goods for export incentives and higher drawback rates - Copper Strips/Earth Rods. The cargo declared for export was copper rods, but the actual cargo exported was copper strips. The mistake was due to a mix-up at the CFS gate. The exporter rectified the error with the authorities' guidance and re-imported the goods due to delays. Penalties imposed were deemed unjustified. No evidence of aiding or abetting was found against the second appellant. The lower authorities' actions lacked mala fide intent. The appeal was allowed, and the penalties on the second appellant were set aside.
The case involved misclassification and misdeclaration of goods for export incentives and higher drawback rates - Copper Strips/Earth Rods. The cargo declared for export was copper rods, but the actual cargo exported was copper strips. The mistake was due to a mix-up at the CFS gate. The exporter rectified the error with the authorities' guidance and re-imported the goods due to delays. Penalties imposed were deemed unjustified. No evidence of aiding or abetting was found against the second appellant. The lower authorities' actions lacked mala fide intent. The appeal was allowed, and the penalties on the second appellant were set aside.
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