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 ...
AT set aside SEBI's order holding the appellant guilty of insider trading in the shares of GGL. It held that the alleged "high probability of detection of fraud" on retirement of a PNB officer did not constitute UPSI under the PIT Regulations, as mere probability of future detection is neither concrete nor credible information. AT further held that the appellant's limited business dealings and minority shareholding did not render him a "connected person" or "insider", there being no reasonable expectation of access to UPSI and no evidence of communication of UPSI from Noticee No.1. Trading was found consistent with market behaviour and price movements, not guided by UPSI. Consequently, allegations of violation of Sections 12A(d), 12A(e) of the SEBI Act and Regulation 4(1) of the PIT Regulations failed and the appeal was allowed.
AT set aside SEBI's order holding the appellant guilty of insider trading in the shares of GGL. It held that the alleged "high probability of detection of fraud" on retirement of a PNB officer did not constitute UPSI under the PIT Regulations, as mere probability of future detection is neither concrete nor credible information. AT further held that the appellant's limited business dealings and minority shareholding did not render him a "connected person" or "insider", there being no reasonable expectation of access to UPSI and no evidence of communication of UPSI from Noticee No.1. Trading was found consistent with market behaviour and price movements, not guided by UPSI. Consequently, allegations of violation of Sections 12A(d), 12A(e) of the SEBI Act and Regulation 4(1) of the PIT Regulations failed and the appeal was allowed.
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