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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...
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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 set aside the order rejecting the declared value of imported cloves from Indonesia/Tanzania. While the importer failed to furnish evidence supporting lower valuation, necessitating assessment under rule 10A of Customs Valuation Rules, 1988, the tribunal found that authorities failed to establish a proper substitute value within the framework of rules 5-8. The rejection of declared value must be followed by determination of an acceptable substitute value according to the prescribed methodology. Without establishing such substitute value, the revision of the declared value lacked legal authority. The tribunal determined that rule 8's flexibility was improperly applied, as the 19 bills of entry referenced did not conform to the "surrogate value" scheme in rule 5. Appeal allowed.
CESTAT set aside the order rejecting the declared value of imported cloves from Indonesia/Tanzania. While the importer failed to furnish evidence supporting lower valuation, necessitating assessment under rule 10A of Customs Valuation Rules, 1988, the tribunal found that authorities failed to establish a proper substitute value within the framework of rules 5-8. The rejection of declared value must be followed by determination of an acceptable substitute value according to the prescribed methodology. Without establishing such substitute value, the revision of the declared value lacked legal authority. The tribunal determined that rule 8's flexibility was improperly applied, as the 19 bills of entry referenced did not conform to the "surrogate value" scheme in rule 5. Appeal allowed.
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