Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
Stock derivatives are distinct from equity shares for DTAA capital gains purposes, and gains from trading derivatives do not qualify as gains from alienation of shares under Article 13(3A); therefore those gains fall within the residual provision (Clause 4) and are taxable only in the taxpayer's State of residence. The article emphasises statutory definitions and precedent distinguishing derivatives from shares and concludes that an assessment treating derivative trading profits as capital gains taxable in India under Article 13(3A) is unsustainable.
Stock derivatives are distinct from equity shares for DTAA capital gains purposes, and gains from trading derivatives do not qualify as gains from alienation of shares under Article 13(3A); therefore those gains fall within the residual provision (Clause 4) and are taxable only in the taxpayer's State of residence. The article emphasises statutory definitions and precedent distinguishing derivatives from shares and concludes that an assessment treating derivative trading profits as capital gains taxable in India under Article 13(3A) is unsustainable.
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