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 ...
Penal liability under Sections 114(iii) and 114AA requires direct and concrete proof of knowing involvement in the fraudulent export activity; suspicion, assumption, or merely suggestive material is insufficient. The Tribunal found no evidence linking the appellant, who was not the Customs Broker for the exports, to the consignments or to any inflated valuation, and held that provision of contact details or documents to another person did not by itself establish a premeditated role in wrongful IGST refund facilitation. The penalties were set aside.
Penal liability under Sections 114(iii) and 114AA requires direct and concrete proof of knowing involvement in the fraudulent export activity; suspicion, assumption, or merely suggestive material is insufficient. The Tribunal found no evidence linking the appellant, who was not the Customs Broker for the exports, to the consignments or to any inflated valuation, and held that provision of contact details or documents to another person did not by itself establish a premeditated role in wrongful IGST refund facilitation. The penalties were set aside.
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