External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Article 24 of the ASEAN-India Free Trade Area, which provides an inter-State consultation mechanism, does not displace Customs Authorities' statutory jurisdiction unless incorporated into municipal law. The Rules of Origin implement origin criteria but do not incorporate that dispute-resolution mechanism, so it cannot be privately enforced to bar Customs Act proceedings. Customs recovery powers for incorrect preferential-duty claims existed under the unamended provisions governing short levy, short payment and truthful bill-of-entry declarations. Origin-certificate particulars supporting preferential treatment form part of those declarations. The later certificate-of-origin verification regime added a specific procedure without creating or limiting the pre-existing general recovery power.
Article 24 of the ASEAN-India Free Trade Area, which provides an inter-State consultation mechanism, does not displace Customs Authorities' statutory jurisdiction unless incorporated into municipal law. The Rules of Origin implement origin criteria but do not incorporate that dispute-resolution mechanism, so it cannot be privately enforced to bar Customs Act proceedings. Customs recovery powers for incorrect preferential-duty claims existed under the unamended provisions governing short levy, short payment and truthful bill-of-entry declarations. Origin-certificate particulars supporting preferential treatment form part of those declarations. The later certificate-of-origin verification regime added a specific procedure without creating or limiting the pre-existing general recovery power.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4888 
