Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
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The ITAT allowed the appellant's appeal, holding that the consideration received on sale of shares constituted capital gains rather than business income; s.28(va) did not apply because no distinct non-compete consideration was allocated and the vendor was not engaged in the target company's business. The Tribunal relied on family-transaction parity and precedent treating similar transfers as capital gains. The AO was directed to compute long-term capital gain on the aggregate sale consideration of Rs. 18.42 crore (12389 shares × Rs.14,869), to verify entitlement to deductions under ss.54F and 54EC and any set-off of capital losses, and to grant relief in accordance with law. Appeal allowed.
The ITAT allowed the appellant's appeal, holding that the consideration received on sale of shares constituted capital gains rather than business income; s.28(va) did not apply because no distinct non-compete consideration was allocated and the vendor was not engaged in the target company's business. The Tribunal relied on family-transaction parity and precedent treating similar transfers as capital gains. The AO was directed to compute long-term capital gain on the aggregate sale consideration of Rs. 18.42 crore (12389 shares × Rs.14,869), to verify entitlement to deductions under ss.54F and 54EC and any set-off of capital losses, and to grant relief in accordance with law. Appeal allowed.
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