Transfer pricing comparability under TNMM: foreign exchange loss on ECB excluded from operating cost, and a functionally dissimilar comparator removed...
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A statutory appeal cannot be disposed of for default of appearance alone and must be decided on merits; applying that principle, the Tribunal considered the matter on the available record. It also held that personal penalties imposed on persons connected with an importer were purely consequential to the demand and confiscation against the importer. Because the importer's own appeal had already been remanded and the confirmation of demand and confiscation no longer survived, the penalties had no remaining legal foundation and were set aside.
A statutory appeal cannot be disposed of for default of appearance alone and must be decided on merits; applying that principle, the Tribunal considered the matter on the available record. It also held that personal penalties imposed on persons connected with an importer were purely consequential to the demand and confiscation against the importer. Because the importer's own appeal had already been remanded and the confirmation of demand and confiscation no longer survived, the penalties had no remaining legal foundation and were set aside.
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