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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Cold heading quality alloy steel wire in coils was held classifiable as alloy steel wire under CTH 7229 9090, not as wire rods under CTH 7227, because the imported product had undergone wire drawing and subsequent heat treatment and the department failed to produce technical evidence displacing the declared classification. On that basis, the Tribunal held that Notification No. 152/2009-Cus. remained available, so the differential duty and interest demand could not survive once the reclassification failed. Confiscation, penalties, and the extended-period invocation also failed because they were entirely based on the alleged misclassification and wrongful exemption claim, with no material showing suppression or wilful misstatement.
Cold heading quality alloy steel wire in coils was held classifiable as alloy steel wire under CTH 7229 9090, not as wire rods under CTH 7227, because the imported product had undergone wire drawing and subsequent heat treatment and the department failed to produce technical evidence displacing the declared classification. On that basis, the Tribunal held that Notification No. 152/2009-Cus. remained available, so the differential duty and interest demand could not survive once the reclassification failed. Confiscation, penalties, and the extended-period invocation also failed because they were entirely based on the alleged misclassification and wrongful exemption claim, with no material showing suppression or wilful misstatement.
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