Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
CESTAT ruled that Free on Board (FOB) value is the transaction value agreed between buyer and seller, which cannot be modified by any Customs officer or third party. The Tribunal held that Customs authorities lack statutory power to redetermine FOB values for export incentive calculations, as these incentives (drawback, MEIS, and ROSL) must be paid as a percentage of FOB value per government notifications. The Joint Commissioner's order accepting the declared FOB values was restored, as officers have no authority to direct that export incentives be paid on alternative values. The Tribunal criticized DRI's interference in the adjudication process and dismissed Revenue's appeals.
CESTAT ruled that Free on Board (FOB) value is the transaction value agreed between buyer and seller, which cannot be modified by any Customs officer or third party. The Tribunal held that Customs authorities lack statutory power to redetermine FOB values for export incentive calculations, as these incentives (drawback, MEIS, and ROSL) must be paid as a percentage of FOB value per government notifications. The Joint Commissioner's order accepting the declared FOB values was restored, as officers have no authority to direct that export incentives be paid on alternative values. The Tribunal criticized DRI's interference in the adjudication process and dismissed Revenue's appeals.
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