Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
Jurisdictional facts in certificate-of-origin discrepancies can support customs show-cause proceedings, leaving factual explanations for departmental ...
Transaction-value rejection for alleged under-invoicing requires cogent, independent and legally admissible evidence specifically linked to the importer's transactions. Third-party materials, statements concerning other importers, similar declared prices and comparative data do not establish a nexus or common design, particularly without evidence of payments beyond invoice value. Private price publications require proof of source, methodology, reliability and comparability before they can displace declared values. The sequential customs valuation methods must be considered with sustainable reasons before use of the residual method, including comparable contemporaneous imports. Coordinate Bench precedent arising from substantially similar investigations should be followed or distinguished by cogent reasons where it remains operative.
Transaction-value rejection for alleged under-invoicing requires cogent, independent and legally admissible evidence specifically linked to the importer's transactions. Third-party materials, statements concerning other importers, similar declared prices and comparative data do not establish a nexus or common design, particularly without evidence of payments beyond invoice value. Private price publications require proof of source, methodology, reliability and comparability before they can displace declared values. The sequential customs valuation methods must be considered with sustainable reasons before use of the residual method, including comparable contemporaneous imports. Coordinate Bench precedent arising from substantially similar investigations should be followed or distinguished by cogent reasons where it remains operative.
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