Transfer-pricing aggregation of distinct support-service and subcontract transactions was rejected, while debt-free receivables attracted no notional ...
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The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowed the appeals by remanding the matter back to the original authority. The Tribunal held that the assessing officer's insistence on the importer conforming to the classification proposed by the investigating agency was inappropriate and contrary to the self-assessment procedure u/ss 17, 36, and 48 of the Customs Act, 1962. The Tribunal observed that enforced conformity was evident from the immediate challenge to the assessment by the importer. The Tribunal found the lack of a 'speaking order' as required u/s 17(5) of the Act vitiated the impugned orders with illegality. Consequently, the Tribunal set aside the orders and remanded the bills of entry to the original authority for compliance with the statutory procedure, particularly Section 17(5).
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowed the appeals by remanding the matter back to the original authority. The Tribunal held that the assessing officer's insistence on the importer conforming to the classification proposed by the investigating agency was inappropriate and contrary to the self-assessment procedure u/ss 17, 36, and 48 of the Customs Act, 1962. The Tribunal observed that enforced conformity was evident from the immediate challenge to the assessment by the importer. The Tribunal found the lack of a 'speaking order' as required u/s 17(5) of the Act vitiated the impugned orders with illegality. Consequently, the Tribunal set aside the orders and remanded the bills of entry to the original authority for compliance with the statutory procedure, particularly Section 17(5).
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