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 Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowed the appeal and set aside the impugned order revoking the customs broker's license, forfeiting the security deposit, and imposing penalty. The Tribunal held that the alleged breaches of regulations 10(d), 10(e), 10(f), and 10(n) of the Customs Brokers Licensing Regulations, 2018, were not established. The allegations pertained to the export of overvalued goods to claim ineligible drawback, supported by fake bills from purported buyers instead of actual suppliers. However, the Tribunal ruled that the customs broker's actions before filing the shipping bill did not fall within the purview of the licensed activities. Additionally, there was no evidence of providing incorrect information leading to the exporter's breach or failure to verify the client's credentials as alleged.
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowed the appeal and set aside the impugned order revoking the customs broker's license, forfeiting the security deposit, and imposing penalty. The Tribunal held that the alleged breaches of regulations 10(d), 10(e), 10(f), and 10(n) of the Customs Brokers Licensing Regulations, 2018, were not established. The allegations pertained to the export of overvalued goods to claim ineligible drawback, supported by fake bills from purported buyers instead of actual suppliers. However, the Tribunal ruled that the customs broker's actions before filing the shipping bill did not fall within the purview of the licensed activities. Additionally, there was no evidence of providing incorrect information leading to the exporter's breach or failure to verify the client's credentials as alleged.
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