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 ...
Imported manganese ore that had been washed, stripped of waste and sized before shipment was treated as manganese concentrate, not mere ore, for purposes of CVD exemption under Notification No. 04/2006-CE. Applying Chapter Note 4 to Chapter 26 and the HSN explanation, the CESTAT held that processes improving usability or quality and removing foreign matter bring about concentrate as a distinct excisable product. Because the exemption covered only ores, the benefit was unavailable. Following its earlier ruling on similar facts, the Tribunal upheld denial of exemption and dismissed the appeal.
Imported manganese ore that had been washed, stripped of waste and sized before shipment was treated as manganese concentrate, not mere ore, for purposes of CVD exemption under Notification No. 04/2006-CE. Applying Chapter Note 4 to Chapter 26 and the HSN explanation, the CESTAT held that processes improving usability or quality and removing foreign matter bring about concentrate as a distinct excisable product. Because the exemption covered only ores, the benefit was unavailable. Following its earlier ruling on similar facts, the Tribunal upheld denial of exemption and dismissed the appeal.
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