Transfer pricing comparables and operating income principles applied to software development services, with exclusions, inclusions, and tax credit ver...
Transfer pricing on performance guarantees and overdue receivables deleted where warranty obligations were embedded and working capital adjustment alr...
CESTAT Kolkata held that violation of principles of natural justice occurred due to non-passing of a speaking order u/s 17(5) of the Customs Act, 1962. The rejection of the declared value without reasons or evidence was deemed improper. The Proper Officer failed to pass a speaking order for enhancement of declared value within the specified timeframe, rendering the enhanced value unsustainable. The adjudicating authority did not provide reasons for rejecting the transaction value u/s 17(5). Consequently, the declared value by the respondent was upheld, leading to the dismissal of the Revenue's appeal.
CESTAT Kolkata held that violation of principles of natural justice occurred due to non-passing of a speaking order u/s 17(5) of the Customs Act, 1962. The rejection of the declared value without reasons or evidence was deemed improper. The Proper Officer failed to pass a speaking order for enhancement of declared value within the specified timeframe, rendering the enhanced value unsustainable. The adjudicating authority did not provide reasons for rejecting the transaction value u/s 17(5). Consequently, the declared value by the respondent was upheld, leading to the dismissal of the Revenue's appeal.
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