Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
For capital gains purposes, the Tribunal treated the property as a long-term capital asset because the assessee had paid the full consideration and obtained possession and enjoyment in FY 2013-14; the later formal registration did not control the holding period. On that factual basis, indexation was allowed from FY 2013-14 and the gain was not assessed as short-term capital gain. The Tribunal also accepted registration charges paid in September 2013 as part of the cost of acquisition, since the supporting documents were unchallenged and there was no material to show duplication. The Revenue's appeal was dismissed and the additions were deleted.
For capital gains purposes, the Tribunal treated the property as a long-term capital asset because the assessee had paid the full consideration and obtained possession and enjoyment in FY 2013-14; the later formal registration did not control the holding period. On that factual basis, indexation was allowed from FY 2013-14 and the gain was not assessed as short-term capital gain. The Tribunal also accepted registration charges paid in September 2013 as part of the cost of acquisition, since the supporting documents were unchallenged and there was no material to show duplication. The Revenue's appeal was dismissed and the additions were deleted.
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