Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
A customs exemption under Notification No. 24/2005-Cus, entry 13S, could not be denied merely because the importer did not follow the IGCR procedural requirements or furnish the prescribed undertaking, where the record showed the goods were only traded and not used in manufacture of excluded products. The Tribunal treated the exemption condition as aimed at preventing such manufacture and held that its substantive purpose was satisfied on the facts, so denial of exemption was unsustainable. It also rejected the objection that the adjudicating authority had travelled beyond the show cause notice, since the condition was reproduced there and the importer had put the exemption entry in issue. The duty demand, interest and penalty were set aside.
A customs exemption under Notification No. 24/2005-Cus, entry 13S, could not be denied merely because the importer did not follow the IGCR procedural requirements or furnish the prescribed undertaking, where the record showed the goods were only traded and not used in manufacture of excluded products. The Tribunal treated the exemption condition as aimed at preventing such manufacture and held that its substantive purpose was satisfied on the facts, so denial of exemption was unsustainable. It also rejected the objection that the adjudicating authority had travelled beyond the show cause notice, since the condition was reproduced there and the importer had put the exemption entry in issue. The duty demand, interest and penalty were set aside.
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