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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Imported draping tubes were treated as window curtain parts under Chapter 83 because the specific use-based description for articles of general use prevailed over the more generic tube-and-pipe description. The Tribunal also held that the declared classification could not be displaced merely on cross-sectional similarity, and the reclassification to Chapter 73 was unsustainable. BIS-based prohibition was inapplicable because the relevant tariff item was not covered by the quality control order, so confiscation under section 111(d) failed. The rejection of transaction value also failed because the valuation rules were not applied sequentially and a chartered engineer had no statutory role in that substitution. The impugned order was set aside.
Imported draping tubes were treated as window curtain parts under Chapter 83 because the specific use-based description for articles of general use prevailed over the more generic tube-and-pipe description. The Tribunal also held that the declared classification could not be displaced merely on cross-sectional similarity, and the reclassification to Chapter 73 was unsustainable. BIS-based prohibition was inapplicable because the relevant tariff item was not covered by the quality control order, so confiscation under section 111(d) failed. The rejection of transaction value also failed because the valuation rules were not applied sequentially and a chartered engineer had no statutory role in that substitution. The impugned order was set aside.
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