Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Undervaluation of goods - FOS and Sucralose when cleared to related parties and M/s Surya Herbals by not following CAS-4 valuation method as provided u/r 8 of Central Excise Valuation Rules, 2000. Held that Rule 8 would apply only where entire production of a commodity is captively consumed. Rule 8 provisions will not apply where some parts are sold to independent buyers. In situations where both Rule 4 and Rule 8 apply, by sequential order, Rule 4 takes precedence over Rule 8 for determination consistent with Section 4(8) Central Excise Act, 1944. No evidence of cost comparison or comparable market price provided to show undervaluation. Demand of duty cannot sustain and requires to be set aside. Impugned order set aside. Appeal allowed.
Undervaluation of goods - FOS and Sucralose when cleared to related parties and M/s Surya Herbals by not following CAS-4 valuation method as provided u/r 8 of Central Excise Valuation Rules, 2000. Held that Rule 8 would apply only where entire production of a commodity is captively consumed. Rule 8 provisions will not apply where some parts are sold to independent buyers. In situations where both Rule 4 and Rule 8 apply, by sequential order, Rule 4 takes precedence over Rule 8 for determination consistent with Section 4(8) Central Excise Act, 1944. No evidence of cost comparison or comparable market price provided to show undervaluation. Demand of duty cannot sustain and requires to be set aside. Impugned order set aside. Appeal allowed.
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