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 ...
Interim release conditions imposed in writ petitions challenging confiscation orders under Section 130 were upheld because detention matters under Section 129 were not comparable. The Court held that once confiscation is ordered under Section 130, title to the goods and conveyance vests in the Government, and the release mechanism under Section 129 no longer applies. Accordingly, interim terms framed for detention proceedings could not be imported into confiscation cases, and the appellants were not entitled to parity with orders passed in other Section 129 matters. The refusal to modify the interim orders was found to be in accordance with law, and both writ appeals were dismissed.
Interim release conditions imposed in writ petitions challenging confiscation orders under Section 130 were upheld because detention matters under Section 129 were not comparable. The Court held that once confiscation is ordered under Section 130, title to the goods and conveyance vests in the Government, and the release mechanism under Section 129 no longer applies. Accordingly, interim terms framed for detention proceedings could not be imported into confiscation cases, and the appellants were not entitled to parity with orders passed in other Section 129 matters. The refusal to modify the interim orders was found to be in accordance with law, and both writ appeals were dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4807 
Join Channel 
