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 ...
The CESTAT partially allowed the appeal, setting aside the confirmed excise duty demand for the extended period of limitation due to time-bar considerations and precedent supporting non-inclusion of retained VAT in assessable value. The appellant was held liable to pay the differential excise duty for the normal period with interest. However, all penalties were waived, and the demand for the extended period was quashed. The tribunal recognized the appellant's eligibility for remission under the State VAT scheme and acknowledged that retained VAT amounts were not payable subsequently, thus not constituting additional consideration for excise valuation under the extended period. The appeal was allowed in part, confirming duty and interest for the normal period but rejecting extended period demands and penalties.
The CESTAT partially allowed the appeal, setting aside the confirmed excise duty demand for the extended period of limitation due to time-bar considerations and precedent supporting non-inclusion of retained VAT in assessable value. The appellant was held liable to pay the differential excise duty for the normal period with interest. However, all penalties were waived, and the demand for the extended period was quashed. The tribunal recognized the appellant's eligibility for remission under the State VAT scheme and acknowledged that retained VAT amounts were not payable subsequently, thus not constituting additional consideration for excise valuation under the extended period. The appeal was allowed in part, confirming duty and interest for the normal period but rejecting extended period demands and penalties.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4800
Join Channel
TaxTMI 
