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 ...
Duty on supply of M.S. scrap to an SEZ unit was held unsustainable because the statutory SEZ scheme displaced the customs duty levy; the duty demand was therefore set aside. As the underlying duty demand failed, the related interest also could not survive, and penalty under section 114, being consequential to the alleged duty liability, was likewise vacated. Penalty under section 114AA was also set aside because the show cause notice did not propose that penalty, so the appellant had no notice to meet that charge.
Duty on supply of M.S. scrap to an SEZ unit was held unsustainable because the statutory SEZ scheme displaced the customs duty levy; the duty demand was therefore set aside. As the underlying duty demand failed, the related interest also could not survive, and penalty under section 114, being consequential to the alleged duty liability, was likewise vacated. Penalty under section 114AA was also set aside because the show cause notice did not propose that penalty, so the appellant had no notice to meet that charge.
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