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...
CESTAT allowed the appeal, holding that silicon steel scraps were correctly classifiable under CTH 7204 49 00 as waste and scrap. The tribunal rejected the revenue's alternative classification under CTH 7225 19 00, finding no basis for value redetermination from $400 to $650 per MT. The court determined that no misdeclaration occurred, BIS certification was inapplicable, and Para 2.17 of Foreign Trade Policy did not apply. Consequently, the goods were not liable for confiscation, and no penalties could be imposed. The impugned orders were set aside, vindicating the importer's original classification and transaction value.
CESTAT allowed the appeal, holding that silicon steel scraps were correctly classifiable under CTH 7204 49 00 as waste and scrap. The tribunal rejected the revenue's alternative classification under CTH 7225 19 00, finding no basis for value redetermination from $400 to $650 per MT. The court determined that no misdeclaration occurred, BIS certification was inapplicable, and Para 2.17 of Foreign Trade Policy did not apply. Consequently, the goods were not liable for confiscation, and no penalties could be imposed. The impugned orders were set aside, vindicating the importer's original classification and transaction value.
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