Transfer pricing comparability: one support-services company accepted, government-owned and facility-management comparables excluded, forex loss claim...
Classification of goods - Health mix, Dia Mix, Dia Food, Ragi Malt, Badam Mix as instant food preparations - Valuation u/s 4A of CEA 1944 - Non-clubbing of clearances by two entities from same factory - Extended period and penalties invoked. Health Mix classified under 1904 1090 by revenue, appellant contended it's a food substitute comprising cereals, pulses, nuts, sugar, and spices, not in flakes or grains, hence not classifiable under Chapter 1904. Dia Mix and Dia Food classification demands dropped by revenue. Ragi Malt and Badam Mix initially classified under 2106 1000, later changed to 2106 9099 and 1901 9090 respectively by revenue. Department failed to prove correct classification, demand and penalties set aside. Revised valuation and clubbing of clearances not sustainable. Appeal allowed by CESTAT.
Classification of goods - Health mix, Dia Mix, Dia Food, Ragi Malt, Badam Mix as instant food preparations - Valuation u/s 4A of CEA 1944 - Non-clubbing of clearances by two entities from same factory - Extended period and penalties invoked. Health Mix classified under 1904 1090 by revenue, appellant contended it's a food substitute comprising cereals, pulses, nuts, sugar, and spices, not in flakes or grains, hence not classifiable under Chapter 1904. Dia Mix and Dia Food classification demands dropped by revenue. Ragi Malt and Badam Mix initially classified under 2106 1000, later changed to 2106 9099 and 1901 9090 respectively by revenue. Department failed to prove correct classification, demand and penalties set aside. Revised valuation and clubbing of clearances not sustainable. Appeal allowed by CESTAT.
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