Transfer pricing comparables and adjustments: Tribunal revisits loss-maker status, segmental comparability, working capital relief, and risk allocatio...
Business expenditure disallowance failed where commission, related-party salary and promotion payments were supported by records and inquiry was inade...
Written acceptance of an enhanced import value does not, by itself, extinguish the importer's right to challenge reassessment or rejection of the declared transaction value. The Tribunal noted that the importers' letters sought provisional or final clearance on payment under protest, so the facts were not of unconditional consent simpliciter. Relying on Niraj Silk Mills and Hanuman Prasad & Sons, it held that such acceptance may relieve the proper officer of issuing a speaking order under Section 17(5), but it does not amount to abandonment of the statutory right to dispute the reassessment. Orders rejecting the appeals solely on that basis were therefore unsustainable and were set aside.
Written acceptance of an enhanced import value does not, by itself, extinguish the importer's right to challenge reassessment or rejection of the declared transaction value. The Tribunal noted that the importers' letters sought provisional or final clearance on payment under protest, so the facts were not of unconditional consent simpliciter. Relying on Niraj Silk Mills and Hanuman Prasad & Sons, it held that such acceptance may relieve the proper officer of issuing a speaking order under Section 17(5), but it does not amount to abandonment of the statutory right to dispute the reassessment. Orders rejecting the appeals solely on that basis were therefore unsustainable and were set aside.
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