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 ...
A written acceptance of enhanced customs value does not, by itself, extinguish an importer's statutory right to challenge reassessment; where letters show protest and the authority failed to consider them, rejection of the appeal on the sole ground of consent was unsustainable. Declared transaction value also cannot be rejected and redetermined without communicating written reasons for doubt and following the mandatory valuation procedure, and mere reference to contemporaneous import data or NIDB entries is insufficient without particulars and procedural compliance. The enhancement of value and consequential appellate orders were therefore set aside, and the appeals were allowed with consequential relief.
A written acceptance of enhanced customs value does not, by itself, extinguish an importer's statutory right to challenge reassessment; where letters show protest and the authority failed to consider them, rejection of the appeal on the sole ground of consent was unsustainable. Declared transaction value also cannot be rejected and redetermined without communicating written reasons for doubt and following the mandatory valuation procedure, and mere reference to contemporaneous import data or NIDB entries is insufficient without particulars and procedural compliance. The enhancement of value and consequential appellate orders were therefore set aside, and the appeals were allowed with consequential relief.
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