Effective hearing in GST adjudication requires actual opportunity to respond; ineffective service through a former auditor invalidated ex parte procee...
Third-party search material requires special assessment route, rendering general reassessment notices without jurisdiction when it forms the proceedin...
Transfer-pricing adjustments must be confined to international associated-enterprise transactions, while functionally dissimilar comparables remain ex...
Insolvency moratorium bars income-tax revision proceedings against corporate debtors until the moratorium ends, preserving merits for later determinat...
Departmental custody of seized laboratory registers, test reports and backup records precludes an adverse inference against an importer for not producing that material to classify fish meal as finished goods. Earlier examination of laboratory reports and BIS specifications had dropped proceedings concerning the same product. Customs valuation must follow the sequential framework: available contemporaneous comparable imports require identification, comparison and reasoned rejection before residual valuation may be used. Small quantities alone did not justify bypassing comparable-goods methods, and no evidence established consideration beyond invoice value. The classification and re-determined valuation were unsustainable, so the duty demand, interest, fine and penalties were set aside with consequential relief.
Departmental custody of seized laboratory registers, test reports and backup records precludes an adverse inference against an importer for not producing that material to classify fish meal as finished goods. Earlier examination of laboratory reports and BIS specifications had dropped proceedings concerning the same product. Customs valuation must follow the sequential framework: available contemporaneous comparable imports require identification, comparison and reasoned rejection before residual valuation may be used. Small quantities alone did not justify bypassing comparable-goods methods, and no evidence established consideration beyond invoice value. The classification and re-determined valuation were unsustainable, so the duty demand, interest, fine and penalties were set aside with consequential relief.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4881 
