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...
Goods manufactured as health and nutritional supplements were classified under CTH 21069099 as food mixes, and assessment on retail sale price basis with 35% abatement was upheld. The Tribunal held that the notification benefit could be available in principle, but only on strict verification of the condition that no Cenvat credit was availed on inputs or input services; the matter was remanded for that limited verification and fresh quantification. It also held that complete non-registration and non-filing of excise returns constituted suppression with intent to evade duty, so the extended period and penalty liability were sustained, with penalty quantum left for re-determination in remand.
Goods manufactured as health and nutritional supplements were classified under CTH 21069099 as food mixes, and assessment on retail sale price basis with 35% abatement was upheld. The Tribunal held that the notification benefit could be available in principle, but only on strict verification of the condition that no Cenvat credit was availed on inputs or input services; the matter was remanded for that limited verification and fresh quantification. It also held that complete non-registration and non-filing of excise returns constituted suppression with intent to evade duty, so the extended period and penalty liability were sustained, with penalty quantum left for re-determination in remand.
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