Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
Levy of penalty u/s 11AC of Central Excise Act, 1944 - duty liability from January 2009 onwards was being discharged on lower values by applying appropriate rate of duty to value derived from CAS 4 of 2008 - mistake/ inadvertence - While penalties were imposed under section 11AC of the Central Excise Act, 1944, the CESTAT notes that this provision does not autonomously empower imposition; instead, it is controlled by section 11A, and considering the circumstances, the penalties are set aside.
Levy of penalty u/s 11AC of Central Excise Act, 1944 - duty liability from January 2009 onwards was being discharged on lower values by applying appropriate rate of duty to value derived from CAS 4 of 2008 - mistake/ inadvertence - While penalties were imposed under section 11AC of the Central Excise Act, 1944, the CESTAT notes that this provision does not autonomously empower imposition; instead, it is controlled by section 11A, and considering the circumstances, the penalties are set aside.
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