Transfer pricing comparables and operating income principles applied to software development services, with exclusions, inclusions, and tax credit ver...
Transfer pricing on performance guarantees and overdue receivables deleted where warranty obligations were embedded and working capital adjustment alr...
Re-imported goods may attract customs duty, but exemption under notifications issued for re-import can still apply where the importer establishes correlation with the originally exported goods and complies with the notified conditions. On the facts, the Tribunal accepted disclosure of the earlier shipping particulars, repayment of drawback with interest, movement under bond and customs sealing, and subsequent re-export under departmental supervision; the bond cancellation by the department meant alleged breach proceedings could not survive. It also held that the alternative drawback-linked exemption was available because the substantive conditions were met, and denial merely because it was not claimed in the bill of entry was impermissible. The duty demand, redemption fine and penalties were set aside.
Re-imported goods may attract customs duty, but exemption under notifications issued for re-import can still apply where the importer establishes correlation with the originally exported goods and complies with the notified conditions. On the facts, the Tribunal accepted disclosure of the earlier shipping particulars, repayment of drawback with interest, movement under bond and customs sealing, and subsequent re-export under departmental supervision; the bond cancellation by the department meant alleged breach proceedings could not survive. It also held that the alternative drawback-linked exemption was available because the substantive conditions were met, and denial merely because it was not claimed in the bill of entry was impermissible. The duty demand, redemption fine and penalties were set aside.
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