Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
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The court upheld the Tribunal's order dismissing the appeals, as it aligned with the Division Bench's decision in Tarajyoth Polymers Ltd. case, where the retrospective amendment to Condition Nos. 3A and 3B of Notification No. 17/2009-Cus regarding imports cleared prior to 19.02.2009 under the DFIA Scheme was set aside. The Supreme Court dismissed the Special Leave Petitions against the High Court's judgment in Tarajyoth Polymers Ltd. case, establishing it as the prevailing law on the matter. Consequently, the appeals were dismissed, and the questions of law were answered in favor of the assessee.
The court upheld the Tribunal's order dismissing the appeals, as it aligned with the Division Bench's decision in Tarajyoth Polymers Ltd. case, where the retrospective amendment to Condition Nos. 3A and 3B of Notification No. 17/2009-Cus regarding imports cleared prior to 19.02.2009 under the DFIA Scheme was set aside. The Supreme Court dismissed the Special Leave Petitions against the High Court's judgment in Tarajyoth Polymers Ltd. case, establishing it as the prevailing law on the matter. Consequently, the appeals were dismissed, and the questions of law were answered in favor of the assessee.
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