Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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Valuation of imported goods - inclusion of royalty in the invoice value - The Appellate Tribunal finds that the direction to modify the order and include royalty in the invoice value of imported goods lacks legal basis. The Tribunal observes that there was no notice issued under the Customs Act for recovery of duty based on the addition of royalty to the declared value. As such, the Tribunal concludes that the direction to modify the order is beyond the jurisdiction of the reviewing authority. The tribunal finds that the SVB is not empowered to assess duties or recovery subsequent to clearance for home consumption. - The Tribunal emphasizes the premature nature of the appeal before the first appellate authority and restores the appeal for proper disposal.
Valuation of imported goods - inclusion of royalty in the invoice value - The Appellate Tribunal finds that the direction to modify the order and include royalty in the invoice value of imported goods lacks legal basis. The Tribunal observes that there was no notice issued under the Customs Act for recovery of duty based on the addition of royalty to the declared value. As such, the Tribunal concludes that the direction to modify the order is beyond the jurisdiction of the reviewing authority. The tribunal finds that the SVB is not empowered to assess duties or recovery subsequent to clearance for home consumption. - The Tribunal emphasizes the premature nature of the appeal before the first appellate authority and restores the appeal for proper disposal.
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