Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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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