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 ...
Tariff classification of imported plant-protection goods as insecticides under Chapter 38 failed because the laboratory reports only showed the presence of certain constituents and did not conclusively establish product functionality, market identity, or recognition as insecticides. Denial of cross-examination of the technical report authors was held to be a serious breach of natural justice, making reliance on those reports unsustainable. On the facts, the imports were made through proper bills of entry with declared description and supporting literature, indicating at most a classification dispute rather than deliberate misdeclaration or suppression. Confiscation, duty demand, redemption fine, interest, and penalties were therefore set aside.
Tariff classification of imported plant-protection goods as insecticides under Chapter 38 failed because the laboratory reports only showed the presence of certain constituents and did not conclusively establish product functionality, market identity, or recognition as insecticides. Denial of cross-examination of the technical report authors was held to be a serious breach of natural justice, making reliance on those reports unsustainable. On the facts, the imports were made through proper bills of entry with declared description and supporting literature, indicating at most a classification dispute rather than deliberate misdeclaration or suppression. Confiscation, duty demand, redemption fine, interest, and penalties were therefore set aside.
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