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 ...
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IGST exemption availed under EPCG Scheme rejected. Demand of customs duty in lieu of IGST, confiscation, interest, penalties under Customs Act, 1962 confirmed. Allegation: Notification amended, payment in INR for services in Appendix 5D counted towards export obligation only if IGST exemption not availed. HELD: EPCG License issued on 21.01.2019, export obligation period till 20.01.2025. Proceedings premature before expiry of licensing period, impugned order confirming demands unjustified. Supreme Court judgment: Importers not meeting pre-import conditions to pay GST/Compensation Cess, can claim refund/avail Input Tax Credit. If IGST paid, available as Input Tax Credit, reducing net GST liability, revenue neutral. Confiscation of imported goods set aside. Penalties unwarranted. Impugned order set aside, appeal allowed.
IGST exemption availed under EPCG Scheme rejected. Demand of customs duty in lieu of IGST, confiscation, interest, penalties under Customs Act, 1962 confirmed. Allegation: Notification amended, payment in INR for services in Appendix 5D counted towards export obligation only if IGST exemption not availed. HELD: EPCG License issued on 21.01.2019, export obligation period till 20.01.2025. Proceedings premature before expiry of licensing period, impugned order confirming demands unjustified. Supreme Court judgment: Importers not meeting pre-import conditions to pay GST/Compensation Cess, can claim refund/avail Input Tax Credit. If IGST paid, available as Input Tax Credit, reducing net GST liability, revenue neutral. Confiscation of imported goods set aside. Penalties unwarranted. Impugned order set aside, appeal allowed.
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