AMP expenditure for own business is not an international transaction without an associated-enterprise arrangement, eliminating transfer pricing adjust...
Customs valuation must use comparable contemporary imports, while confiscation fines and penalties require proportionate recalculation on reassessed v...
Depositor-protection proceedings prevail over corporate insolvency, while liquidators may recover chit receivables using copies of seized company reco...
Intermediary service classification fails where overseas admission facilitation is supplied independently, preserving export treatment and small-provi...
Satellite transponder bandwidth is telecommunication, not Business Support Service; foreign non-telegraph providers triggered no service tax liability...
A Customs Broker was held not liable for export overvaluation where the record showed the exporter's authority letter, IEC, PAN-based KYC material and related documents, and the alleged failures to advise compliance, exercise due diligence and verify the client were not proved. The Tribunal reiterated that a broker is not required to determine export value or detect misdeclaration as a customs officer would, and rejected liability based on supposed collusion. It also treated the inquiry and adjudication timelines under the Customs Broker Licensing Regulations as mandatory, so delay beyond those periods vitiated the proceedings. Separate penalty already imposed on the same facts made the further penal action unsustainable, and the licence revocation, forfeiture and penalty were set aside.
A Customs Broker was held not liable for export overvaluation where the record showed the exporter's authority letter, IEC, PAN-based KYC material and related documents, and the alleged failures to advise compliance, exercise due diligence and verify the client were not proved. The Tribunal reiterated that a broker is not required to determine export value or detect misdeclaration as a customs officer would, and rejected liability based on supposed collusion. It also treated the inquiry and adjudication timelines under the Customs Broker Licensing Regulations as mandatory, so delay beyond those periods vitiated the proceedings. Separate penalty already imposed on the same facts made the further penal action unsustainable, and the licence revocation, forfeiture and penalty were set aside.
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