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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
The High Court held that the rejection letter issued by the Joint Director General of Foreign Trade (JDGFT) rejecting the petitioner's application for grant of Merchandise Exports from India Scheme (MEIS) scrip is appealable u/s 15 of the Foreign Trade (Development and Regulation) Act, 1992. The authority processing the application u/s 9 would be treated as an adjudicating authority for the limited purpose of Section 15, even if not formally designated as such. Consequently, the appeal filed by the petitioner against the rejection letter was maintainable. The High Court quashed the orders rejecting the appeal as non-admissible and the rejection letter, and remanded the matter to the JDGFT for fresh consideration after providing an opportunity of hearing to the petitioner and passing a speaking order.
The High Court held that the rejection letter issued by the Joint Director General of Foreign Trade (JDGFT) rejecting the petitioner's application for grant of Merchandise Exports from India Scheme (MEIS) scrip is appealable u/s 15 of the Foreign Trade (Development and Regulation) Act, 1992. The authority processing the application u/s 9 would be treated as an adjudicating authority for the limited purpose of Section 15, even if not formally designated as such. Consequently, the appeal filed by the petitioner against the rejection letter was maintainable. The High Court quashed the orders rejecting the appeal as non-admissible and the rejection letter, and remanded the matter to the JDGFT for fresh consideration after providing an opportunity of hearing to the petitioner and passing a speaking order.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4807
Join Channel
TaxTMI 
