Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
Data transmission equipment classification under CTSH 8517 62 remains distinct from residual classification, with exemption evidence requiring scrutin...
Excess drawback paid under self-assessed export shipping bills cannot be recovered directly under Section 75A(2) merely because exported goods were subsequently found misclassified. A subsisting self-assessment remains the basis of payment until the proper officer reassesses it under Section 17(4), or follows the Section 18 procedure where applicable, to determine liability. Recovery proceedings initiated without prior reassessment, and consequential revisional and appellate orders, were set aside. Reassessment or other action under Sections 17 and 18 may be pursued where legally permissible.
Excess drawback paid under self-assessed export shipping bills cannot be recovered directly under Section 75A(2) merely because exported goods were subsequently found misclassified. A subsisting self-assessment remains the basis of payment until the proper officer reassesses it under Section 17(4), or follows the Section 18 procedure where applicable, to determine liability. Recovery proceedings initiated without prior reassessment, and consequential revisional and appellate orders, were set aside. Reassessment or other action under Sections 17 and 18 may be pursued where legally permissible.
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