Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 Highlights - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Income Tax
  • Direct Taxes
  • Benami Property
  • Central GST Laws
  • SGST - State GST Laws
  • Customs
  • FTP - Foreign Trade Policy
  • SEZ - Special Economic Zone
  • FEMA - Foreign Exchange Management
  • Companies Law
  • SEBI - Securities & Exchange Board of India
  • IBC - Insolvency and Bankruptcy
  • Law of Competition
  • PMLA - Money-Laundering
  • Indian Laws
  • Bill / Finance Bills
  • Wealth Tax
  • Service Tax
  • Central Excise
  • VAT / Sales Tax
Month:
---- All Months ----
  • ---- All Months ----
  • January
  • February
  • March
  • April
  • May
  • June
  • July
  • August
  • September
  • October
  • November
  • December
Year:
---- All Years ----
  • ---- All Years ----
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Customs valuation enhancement fails when based on a retracted statement and non-comparable contemporaneous import invoices.
    Transportation charges and foreign-branch services were held outside service tax, while disclosed records defeated extended limitation.
    Negative list treatment for food grain transport without consignment notes defeats service tax and extended limitation demand.
    Arbitration clause confined to work-execution disputes; tax reimbursement claim under separate taxes clause was non-arbitrable on referral review.
    Financial intelligence sharing expanded to include the Directorate of Naval Intelligence under the PMLA notification.
    Common adjudicating authority appointed for specified customs show cause notices against an importer
    Export proceeds realisation period cut from fifteen months to nine months under amended FEMA export regulations.
    Standard claim, consent and proxy formats prescribed for personal guarantor insolvency resolution processes.
    Custodian appointment for Haldia Dock Complex goods under Customs law defines port custody responsibilities.
    Final assessment on valid test reports replaces provisional customs assessment for identical goods under streamlined import procedures.
    Bona fide purchaser's input tax credit survives supplier tax default, with action reserved against the supplier.
    Prior notice before coercive action is a limited safeguard in investigation, not blanket anticipatory bail protection.
    Input tax credit cannot be denied to bona fide purchasers when supplier default is the only grievance, subject to bona fides.
    GST registration cancellation requires Form GST REG-31 and 30-day opportunity before adverse action for bank-account non-compliance
    Bail in GST input tax credit cases: documentary evidence, completed investigation and no flight risk justified release on conditions.
    Tax liability of deceased proprietor survives against legal representatives, but only with hearing and speaking order
    Input tax credit requires proof of actual receipt; penalty challenge failed and statutory appeal remained open.
    GST portal fairness requires an online facility for supplementary replies where proceedings are conducted through the Common Portal.
    Anti-profiteering scope and remedies: wider inquiry upheld, proceedings survived omitted rules, but interest and penalty were excluded
    Foreign exchange gains count as operating income under TNMM; CSR-linked donation deduction and foreign tax credit were also addressed.
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Highlights
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries

Highlights

Back

All Highlights

Showing Results for :
Reset Filters
No Records Found

Highlights

Back

All Highlights

whatsapp Join Channel
Showing Results for : Reset Filters

The department challenged the transaction value declared by the...

Appeal Overturns Duty Demand; Case Remanded for Transaction Value Evidence Review by Original Authority.

Contents
Summary
Note

Note

-

Bookmark

Print

Print

Customs November 22, 2024 Case Laws AT
The department challenged the transaction value declared by the respondents, enhancing the declared value and demanding differential duty. However, the Commissioner (Appeals) failed to analyze or make specific observations on the respondents' submissions regarding the contemporaneous prices relied upon by the department. Additionally, the queries raised by the department and the respondents' replies were not on record, making it impossible to conclude the grounds for doubting the declared transaction value and the respondents' defense. The orders of the Commissioner (Appeals) were not speaking orders and did not consider certain factual matrices bearing on the case's outcome. Consequently, the orders were set aside, and the matter was remanded to the Original Assessing/Adjudicating Authority, who will provide opportunities to the importer to produce evidence justifying the correctness of the declared transaction value in light of the department's queries.

Topics

Acts Income Tax