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...
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Refund of anti-dumping duty paid before rescission was upheld because the rescinding notification expressly applied only prospectively and preserved things done before rescission. The Court noted that duty payments made before 29.02.2012 fell within that saving clause, and the Designated Authority's final findings had recorded no adverse impact on the domestic industry, no price suppression or depression, and no justification for continued anti-dumping duty on phenol from Chinese Taipei and the USA. In view of those findings, the Court held that no substantial question of law arose, declined to interfere with the Tribunal's refund order, and dismissed the Revenue's appeal.
Refund of anti-dumping duty paid before rescission was upheld because the rescinding notification expressly applied only prospectively and preserved things done before rescission. The Court noted that duty payments made before 29.02.2012 fell within that saving clause, and the Designated Authority's final findings had recorded no adverse impact on the domestic industry, no price suppression or depression, and no justification for continued anti-dumping duty on phenol from Chinese Taipei and the USA. In view of those findings, the Court held that no substantial question of law arose, declined to interfere with the Tribunal's refund order, and dismissed the Revenue's appeal.
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