Capital Asset Conversion Requires Proven Business Stock Treatment; Paper Consideration in Spousal Flat Transfers Does Not Create Taxable Business Inco...
Human-probability test defeats political donation deduction where banking records mask accommodation-entry fund layering and evidence shows non-genuin...
Commercial property status protects capital-gains exemption when residential-house ownership limits are tested, while agricultural-land character gove...
Investigation deposits refunded after failed customs demands fall outside the statutory appellate pre-deposit interest regime and may attract compensa...
Resolution plan finality extinguishes unquantified operational-creditor claims and pending proceedings unless the approved plan expressly preserves th...
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CESTAT address the issue of revision in duty liability of 'antenna' regarding assessable value under Customs Valuation Rules. The tribunal found flaws in the investigation and evidence, questioning the use of 'relationship influencing price' for valuation. The tribunal criticized the rejection of declared value as 'transaction value', not aligning with Customs Act and Valuation Rules. Emphasized the importance of proper valuation methods and adherence to rules. The order was set aside for non-compliance with the law, remanding the case for fresh assessment with detailed scrutiny and consideration of all issues. Show cause notice must align with valuation rules for lawful adjudication.
CESTAT address the issue of revision in duty liability of 'antenna' regarding assessable value under Customs Valuation Rules. The tribunal found flaws in the investigation and evidence, questioning the use of 'relationship influencing price' for valuation. The tribunal criticized the rejection of declared value as 'transaction value', not aligning with Customs Act and Valuation Rules. Emphasized the importance of proper valuation methods and adherence to rules. The order was set aside for non-compliance with the law, remanding the case for fresh assessment with detailed scrutiny and consideration of all issues. Show cause notice must align with valuation rules for lawful adjudication.
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