Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
The High Court dismissed the appeal and upheld the CESTAT order in M/s Bright Clearing [2022 (11) TMI 935 - CESTAT NEW DELHI]. The court held that under Regulation 10(n) of CBLR, 2018, the customs broker is not required to physically verify the address of the exporter/importer. The burden on the customs broker is liberal, and the potential misuse cannot be attributed to them. The customs broker's responsibility ends with fulfilling the obligation under Regulation 10. In this case, the exporters/importers had produced valid GSTIN and IEC certificates issued by the competent authorities, and the department had not doubted their identities. Therefore, the customs broker cannot be faulted for processing the export papers based on the documents provided.
The High Court dismissed the appeal and upheld the CESTAT order in M/s Bright Clearing [2022 (11) TMI 935 - CESTAT NEW DELHI]. The court held that under Regulation 10(n) of CBLR, 2018, the customs broker is not required to physically verify the address of the exporter/importer. The burden on the customs broker is liberal, and the potential misuse cannot be attributed to them. The customs broker's responsibility ends with fulfilling the obligation under Regulation 10. In this case, the exporters/importers had produced valid GSTIN and IEC certificates issued by the competent authorities, and the department had not doubted their identities. Therefore, the customs broker cannot be faulted for processing the export papers based on the documents provided.
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