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...
Rutile ore/rutile sand imported under Chapter 26 was held to remain ore where only normal physical preparation was shown; conversion into concentrate requires proof of special beneficiation or treatment affecting composition, which was absent on the record. The descriptions in the Bills of Entry, invoices and supplier certificates matched the departmental test results, so the misdeclaration allegation failed and no wilful suppression justified the extended period. Because the imports were accepted as ores, denial of exemption from additional duty under the cited notifications also failed. Confiscation and penalty were unsustainable for want of proved misstatement or intent to evade duty.
Rutile ore/rutile sand imported under Chapter 26 was held to remain ore where only normal physical preparation was shown; conversion into concentrate requires proof of special beneficiation or treatment affecting composition, which was absent on the record. The descriptions in the Bills of Entry, invoices and supplier certificates matched the departmental test results, so the misdeclaration allegation failed and no wilful suppression justified the extended period. Because the imports were accepted as ores, denial of exemption from additional duty under the cited notifications also failed. Confiscation and penalty were unsustainable for want of proved misstatement or intent to evade duty.
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