Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
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The case revolves around the rejection of the declared value by customs authorities and the subsequent enhancement of value based on a quotation obtained from a different supplier. The key points are: The original authority rejected the declared value and determined the value based on a quotation from another supplier, which was accepted by the importer. However, the Tribunal held that a proforma invoice or quotation cannot constitute a valid basis for enhancing the value of imported goods, as per the precedent set in the Sahara Enterprises case. The transaction value accepted by another importer in a different case cannot be the basis for valuation in the present case, where there is no such consent from the importer. Transaction value is a function of price, but there was no evidence of any flow back or additional payment by the importer over the declared transaction value. The Revenue failed to prove its case, and the impugned order was set aside by the Appellate Tribunal.
The case revolves around the rejection of the declared value by customs authorities and the subsequent enhancement of value based on a quotation obtained from a different supplier. The key points are: The original authority rejected the declared value and determined the value based on a quotation from another supplier, which was accepted by the importer. However, the Tribunal held that a proforma invoice or quotation cannot constitute a valid basis for enhancing the value of imported goods, as per the precedent set in the Sahara Enterprises case. The transaction value accepted by another importer in a different case cannot be the basis for valuation in the present case, where there is no such consent from the importer. Transaction value is a function of price, but there was no evidence of any flow back or additional payment by the importer over the declared transaction value. The Revenue failed to prove its case, and the impugned order was set aside by the Appellate Tribunal.
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