Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
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Valuation of the export goods on which duty has to be paid - The Appellate Tribunal upholds the appellant's contention regarding the determination of the transaction value. It asserts that customs authorities cannot alter the transaction value agreed upon by the buyer and seller. The transaction value, as per the contract terms, remains binding, and customs authorities cannot disregard it based on conflicting test reports. The Tribunal concludes that the re-determination of the transaction value based on the CRCL test report is incorrect and cannot be sustained. - The Tribunal rules in favor of the appellant regarding the inclusion of the additional amount paid by the overseas buyer as commission. It emphasizes that commissions paid cannot be added to the transaction value for export goods.
Valuation of the export goods on which duty has to be paid - The Appellate Tribunal upholds the appellant's contention regarding the determination of the transaction value. It asserts that customs authorities cannot alter the transaction value agreed upon by the buyer and seller. The transaction value, as per the contract terms, remains binding, and customs authorities cannot disregard it based on conflicting test reports. The Tribunal concludes that the re-determination of the transaction value based on the CRCL test report is incorrect and cannot be sustained. - The Tribunal rules in favor of the appellant regarding the inclusion of the additional amount paid by the overseas buyer as commission. It emphasizes that commissions paid cannot be added to the transaction value for export goods.
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