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...
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CESTAT allowed appellants' appeals, setting aside customs duty demand and penalty. The tribunal found no sustainable evidence of undervaluation, non-compliance with notification requirements, or procedural irregularities. Electronic evidence and investigation statements were deemed inadmissible due to non-compliance with Sections 138B and 138C of Customs Act. The tribunal ordered refund of Rs. 1,21,73,905/- paid during investigation within 60 days, effectively exonerating the appellants of all charges related to customs duty evasion and undervaluation.
CESTAT allowed appellants' appeals, setting aside customs duty demand and penalty. The tribunal found no sustainable evidence of undervaluation, non-compliance with notification requirements, or procedural irregularities. Electronic evidence and investigation statements were deemed inadmissible due to non-compliance with Sections 138B and 138C of Customs Act. The tribunal ordered refund of Rs. 1,21,73,905/- paid during investigation within 60 days, effectively exonerating the appellants of all charges related to customs duty evasion and undervaluation.
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