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 ...
CESTAT upheld the demand for central excise duty, interest, and penalties against the appellant who contravened Notification No. 42/2001-CE and Excise Rule 19. The appellant had obtained CT-1 Certificates and removed goods without duty payment under two ARE-1 forms but failed to submit required documentation proving export. Instead of exporting the goods, the appellant sold them domestically to CEL. The Tribunal emphasized that Excise Rule 19 specifically requires evidence that goods removed from a factory must be exported, not merely sold domestically to parties who might eventually export them. As the appellant failed to follow prescribed export procedures, the appeal was dismissed.
CESTAT upheld the demand for central excise duty, interest, and penalties against the appellant who contravened Notification No. 42/2001-CE and Excise Rule 19. The appellant had obtained CT-1 Certificates and removed goods without duty payment under two ARE-1 forms but failed to submit required documentation proving export. Instead of exporting the goods, the appellant sold them domestically to CEL. The Tribunal emphasized that Excise Rule 19 specifically requires evidence that goods removed from a factory must be exported, not merely sold domestically to parties who might eventually export them. As the appellant failed to follow prescribed export procedures, the appeal was dismissed.
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