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...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
A binding advance pricing agreement covering the relevant intra-group second line support services prevented disallowance of the related expenditure on business expediency grounds. The Tribunal held that, once a transaction falls within an APA, it binds both the Department and the assessee because the APA process already examines functions, assets, risks, benefit, and cost allocation; that itself establishes business purpose. The Assessing Officer could not ignore the APA and disallow the expenditure under section 37(1), particularly where no reasons were recorded for the disallowance and similar expenditure had been accepted in earlier years. The disallowance was deleted and the assessee's claim was allowed.
A binding advance pricing agreement covering the relevant intra-group second line support services prevented disallowance of the related expenditure on business expediency grounds. The Tribunal held that, once a transaction falls within an APA, it binds both the Department and the assessee because the APA process already examines functions, assets, risks, benefit, and cost allocation; that itself establishes business purpose. The Assessing Officer could not ignore the APA and disallow the expenditure under section 37(1), particularly where no reasons were recorded for the disallowance and similar expenditure had been accepted in earlier years. The disallowance was deleted and the assessee's claim was allowed.
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