Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
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...
CESTAT NEW DELHI held that the appellant mis-declared quantity and quality, overvalued goods, and failed to comply with Advance Authorization requirements. Allegations of concealment and suppression of facts were proven, as the appellant utilized a lapsed authorization for importing goods. Procedural irregularities in sample drawl and examination were noted, with discrepancies in fabric composition. The appellant failed to discharge export obligations and suffered financial losses due to non-cooperation. The appellant's attempt to export goods as a third party exporter was fraudulent. The order of confiscation and penalties imposed were upheld, as the appellant failed to refute findings and evidence presented by the department. Both appeals were dismissed.
CESTAT NEW DELHI held that the appellant mis-declared quantity and quality, overvalued goods, and failed to comply with Advance Authorization requirements. Allegations of concealment and suppression of facts were proven, as the appellant utilized a lapsed authorization for importing goods. Procedural irregularities in sample drawl and examination were noted, with discrepancies in fabric composition. The appellant failed to discharge export obligations and suffered financial losses due to non-cooperation. The appellant's attempt to export goods as a third party exporter was fraudulent. The order of confiscation and penalties imposed were upheld, as the appellant failed to refute findings and evidence presented by the department. Both appeals were dismissed.
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