Functional comparability under TNMM supported exclusion of ITeS comparables with R&D, intangibles, diversified operations, or unavailable segmental da...
Functional comparability governs selection of support-service and IT-enabled service comparables, with verification required for unresolved data and m...
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Discretionary writ jurisdiction requires a prompt approach and full disclosure of material facts. Unexplained delay, omission of the contemporaneous Customs Act statement, and disputes over whether detained yellow metal jewellery constituted a personal effect, its value, and compliance with baggage requirements prevented unconditional release or quashing of detention. Appraisement and statutory proceedings must instead be completed by the competent authority in accordance with law, preferably within three months subject to the claimant's cooperation. The writ petition was dismissed without determining confiscation, duty, fine, penalty, or waiver of warehouse and handling charges, which remain within the statutory process.
Discretionary writ jurisdiction requires a prompt approach and full disclosure of material facts. Unexplained delay, omission of the contemporaneous Customs Act statement, and disputes over whether detained yellow metal jewellery constituted a personal effect, its value, and compliance with baggage requirements prevented unconditional release or quashing of detention. Appraisement and statutory proceedings must instead be completed by the competent authority in accordance with law, preferably within three months subject to the claimant's cooperation. The writ petition was dismissed without determining confiscation, duty, fine, penalty, or waiver of warehouse and handling charges, which remain within the statutory process.
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