Tax deduction compliance and payee income recognition govern consultancy disallowance, while no exempt income prevents related expenditure disallowanc...
Derivative abetment liability fails when correctly declared imported components establish no underlying improper importation by the principal importer...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return filing...
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CESTAT determined that while rejection of declared transaction value of imported thoroughbred horses under Rule 10A of Customs Valuation Rules, 1988 was justified due to significant discrepancies with auction prices, the subsequent valuation method was flawed. After rejecting transaction value, authorities applied Rule 8 directly, using Irish auction prices with adjustments. However, Rule 8(2)(iii) explicitly prohibits basing valuation on domestic prices in the country of export. Since the SCN acknowledged Rules 4-7A were inapplicable, and Rule 8 was improperly applied using auction prices, the demands for duty, confiscation, fines, and penalties were set aside. Appeal allowed.
CESTAT determined that while rejection of declared transaction value of imported thoroughbred horses under Rule 10A of Customs Valuation Rules, 1988 was justified due to significant discrepancies with auction prices, the subsequent valuation method was flawed. After rejecting transaction value, authorities applied Rule 8 directly, using Irish auction prices with adjustments. However, Rule 8(2)(iii) explicitly prohibits basing valuation on domestic prices in the country of export. Since the SCN acknowledged Rules 4-7A were inapplicable, and Rule 8 was improperly applied using auction prices, the demands for duty, confiscation, fines, and penalties were set aside. Appeal allowed.
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