Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguard...
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Related-party customs valuation cannot be rejected where the relationship has not influenced price, especially when the imports form part of composite EPC contracts awarded through international competitive bidding to the lowest bidder. The Tribunal accepted that the declared transaction value was correctly taken because the pricing was transparent and independent, and bankers' documents relied on to allege overvaluation lacked the required certificate under the Customs Act, so they could not justify rejection of value. Once misdeclaration of value failed, confiscation for misdeclaration and the consequential penalties under the Customs Act also failed. The department's appeals were dismissed.
Related-party customs valuation cannot be rejected where the relationship has not influenced price, especially when the imports form part of composite EPC contracts awarded through international competitive bidding to the lowest bidder. The Tribunal accepted that the declared transaction value was correctly taken because the pricing was transparent and independent, and bankers' documents relied on to allege overvaluation lacked the required certificate under the Customs Act, so they could not justify rejection of value. Once misdeclaration of value failed, confiscation for misdeclaration and the consequential penalties under the Customs Act also failed. The department's appeals were dismissed.
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