Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Safe Harbour Rules could not be applied suo motu to rework segmental trading costs where the assessee had not opted for that regime and had furnished segmental accounts with allocation keys; the Assessing Officer/Transfer Pricing Officer was directed to adopt the assessee's allocation after verification. An arm's length price of nil for intra-group services was also rejected because the Other Method requires a comparable uncontrolled transaction, which was not shown, and the services had already been aggregated and benchmarked under TNMM, making a separate adjustment a double count. The same reasoning invalidated the lumpsum licence fee adjustment and separate benchmarking of trademark fee. The penalty challenge was dismissed as premature.
Safe Harbour Rules could not be applied suo motu to rework segmental trading costs where the assessee had not opted for that regime and had furnished segmental accounts with allocation keys; the Assessing Officer/Transfer Pricing Officer was directed to adopt the assessee's allocation after verification. An arm's length price of nil for intra-group services was also rejected because the Other Method requires a comparable uncontrolled transaction, which was not shown, and the services had already been aggregated and benchmarked under TNMM, making a separate adjustment a double count. The same reasoning invalidated the lumpsum licence fee adjustment and separate benchmarking of trademark fee. The penalty challenge was dismissed as premature.
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