AMP expenditure for own business is not an international transaction without an associated-enterprise arrangement, eliminating transfer pricing adjust...
Customs valuation must use comparable contemporary imports, while confiscation fines and penalties require proportionate recalculation on reassessed v...
Depositor-protection proceedings prevail over corporate insolvency, while liquidators may recover chit receivables using copies of seized company reco...
Intermediary service classification fails where overseas admission facilitation is supplied independently, preserving export treatment and small-provi...
Satellite transponder bandwidth is telecommunication, not Business Support Service; foreign non-telegraph providers triggered no service tax liability...
Transaction value in customs valuation was upheld because the Department failed to prove undervaluation with cogent, admissible and corroborated evidence. Parallel invoices were unauthenticated, overseas verification was untested by cross-examination, insurance values and e-mails were unreliable, and retracted statements lacked independent corroboration; the declared price could not therefore be rejected. As the re-determination of assessable value collapsed, the differential duty demand, confiscation and importer's penalty also failed, and no independent evidence supported the abettor's penalty. The extended period of limitation was likewise unsustainable because suppression or wilful misstatement was not proved, rendering the demand time-barred.
Transaction value in customs valuation was upheld because the Department failed to prove undervaluation with cogent, admissible and corroborated evidence. Parallel invoices were unauthenticated, overseas verification was untested by cross-examination, insurance values and e-mails were unreliable, and retracted statements lacked independent corroboration; the declared price could not therefore be rejected. As the re-determination of assessable value collapsed, the differential duty demand, confiscation and importer's penalty also failed, and no independent evidence supported the abettor's penalty. The extended period of limitation was likewise unsustainable because suppression or wilful misstatement was not proved, rendering the demand time-barred.
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