Transfer pricing comparability requires functional alignment, reliable financial data, and careful review of working capital and receivables adjustmen...
Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
CESTAT set aside penalties for abetment of improper export and for use of false or incorrect material because the record did not show a specific, corroborated role by the appellant in overvaluation, misclassification, or the drawback claim. The evidence only linked him to helping obtain a fake driving licence and facilitate a bank account for the alleged mastermind, which was insufficient for penalty under Section 114(iii) and outside the scope of Section 114AA, as he was not shown to have filed, made, signed, or used any false customs document. The Tribunal also held that Section 117 could not be invoked without a show cause notice proposing that penalty.
CESTAT set aside penalties for abetment of improper export and for use of false or incorrect material because the record did not show a specific, corroborated role by the appellant in overvaluation, misclassification, or the drawback claim. The evidence only linked him to helping obtain a fake driving licence and facilitate a bank account for the alleged mastermind, which was insufficient for penalty under Section 114(iii) and outside the scope of Section 114AA, as he was not shown to have filed, made, signed, or used any false customs document. The Tribunal also held that Section 117 could not be invoked without a show cause notice proposing that penalty.
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