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 ...
Price parallelism alone cannot establish a cartel u/s 3(3)(a) of the Competition Act, 2002. Evidence of parallel pricing must be supplemented with "plus factors" demonstrating conscious conduct rather than independent business decisions. In the present case, the limited evidence of exchange of calls between sugar mills and the industry association is insufficient to establish a contravention. No case of violation can be made out against any party, and the matters are directed to be closed forthwith. The order does not qualify for confidential treatment u/s 57 of the Act.
Price parallelism alone cannot establish a cartel u/s 3(3)(a) of the Competition Act, 2002. Evidence of parallel pricing must be supplemented with "plus factors" demonstrating conscious conduct rather than independent business decisions. In the present case, the limited evidence of exchange of calls between sugar mills and the industry association is insufficient to establish a contravention. No case of violation can be made out against any party, and the matters are directed to be closed forthwith. The order does not qualify for confidential treatment u/s 57 of the Act.
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