Transfer pricing comparability requires functional alignment, reliable financial data, and careful review of working capital and receivables adjustmen...
Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
CESTAT held that preferential exemption could not be denied by rejecting the Certificate of Origin and recomputing Local Value Added Content through an alternate method contrary to the Interim Rules of Origin. The Rules required computation with reference to FOB value and CIF value of non-originating materials, and the designated foreign authority's certificate could not be ignored without using the prescribed verification mechanism. Because the importer had produced the certificate and was not required to verify the supplier's internal cost structure, the exemption claim remained valid. Once exemption was upheld, the duty demand failed, and the extended period and penalties under Sections 114A and 114AA were unsustainable for want of wilful suppression or intent to evade duty.
CESTAT held that preferential exemption could not be denied by rejecting the Certificate of Origin and recomputing Local Value Added Content through an alternate method contrary to the Interim Rules of Origin. The Rules required computation with reference to FOB value and CIF value of non-originating materials, and the designated foreign authority's certificate could not be ignored without using the prescribed verification mechanism. Because the importer had produced the certificate and was not required to verify the supplier's internal cost structure, the exemption claim remained valid. Once exemption was upheld, the duty demand failed, and the extended period and penalties under Sections 114A and 114AA were unsustainable for want of wilful suppression or intent to evade duty.
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