Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
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The AT allowed the appeals and set aside the impugned orders, holding that the respondents failed to establish a benami transaction or justify the Provisional Attachment Order. The Adjudicating Authority's conclusion that the appellant paid consideration was erroneous: payment of stamp duty and registration fees cannot be equated with consideration to the seller. Evidence showed the plot was allotted to the original allottee and later transferred to the transferee by gift out of affection; there is no proof that the appellant funded the initial allotment or purchase. Transactions involving Company A and Company B arose from litigation-protective arrangements and subsequent bona fide sale. The IO failed to discharge the burden of proving benami.
The AT allowed the appeals and set aside the impugned orders, holding that the respondents failed to establish a benami transaction or justify the Provisional Attachment Order. The Adjudicating Authority's conclusion that the appellant paid consideration was erroneous: payment of stamp duty and registration fees cannot be equated with consideration to the seller. Evidence showed the plot was allotted to the original allottee and later transferred to the transferee by gift out of affection; there is no proof that the appellant funded the initial allotment or purchase. Transactions involving Company A and Company B arose from litigation-protective arrangements and subsequent bona fide sale. The IO failed to discharge the burden of proving benami.
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