Transfer pricing comparability requires functional alignment, reliable financial data, and careful review of working capital and receivables adjustmen...
Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
The Appellate Tribunal addressed the issue of determining assessable value u/s 4 of the Central Excise Act, 1944, including landed cost and processing charges. Citing Supreme Court precedent and CBEC circulars, duty was upheld based on landed cost. The Tribunal noted that the selling price at times exceeded landed cost, with duty paid on the higher value. Regarding time limitation, the Tribunal found no suppression of facts as the appellant regularly submitted required documents. Referring to a Supreme Court case, it was held that invoking the proviso to Section 11A requires evidence of fraud or willful evasion, which was not present. The order confirmed duty for the normal period only, partially allowing the appeal.
The Appellate Tribunal addressed the issue of determining assessable value u/s 4 of the Central Excise Act, 1944, including landed cost and processing charges. Citing Supreme Court precedent and CBEC circulars, duty was upheld based on landed cost. The Tribunal noted that the selling price at times exceeded landed cost, with duty paid on the higher value. Regarding time limitation, the Tribunal found no suppression of facts as the appellant regularly submitted required documents. Referring to a Supreme Court case, it was held that invoking the proviso to Section 11A requires evidence of fraud or willful evasion, which was not present. The order confirmed duty for the normal period only, partially allowing the appeal.
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