Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Internal TNMM was upheld for sale of finished goods to associated enterprises because earlier years had accepted that method, CUP was not reliably workable, and no material change or distinguishing feature was shown; the transfer pricing adjustment was deleted for both years. The adjustment for sales promotion and marketing services from associated enterprises was also deleted on the same consistency basis. Additional depreciation on replacement spares was denied because it did not create new plant and machinery, while prior period expenses were not addable to book profit; interest capitalisation to capital work in progress failed for lack of nexus, and the weighted deduction for in-house research and development was allowed without DSIR quantification for the years in question. Additional depreciation on new tanks was allowed.
Internal TNMM was upheld for sale of finished goods to associated enterprises because earlier years had accepted that method, CUP was not reliably workable, and no material change or distinguishing feature was shown; the transfer pricing adjustment was deleted for both years. The adjustment for sales promotion and marketing services from associated enterprises was also deleted on the same consistency basis. Additional depreciation on replacement spares was denied because it did not create new plant and machinery, while prior period expenses were not addable to book profit; interest capitalisation to capital work in progress failed for lack of nexus, and the weighted deduction for in-house research and development was allowed without DSIR quantification for the years in question. Additional depreciation on new tanks was allowed.
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