Permanent establishment tests: independent subsidiary premises and principal-to-principal dealings did not create Indian taxability for offshore suppl...
Valuation Officer estimates govern property-value additions once statutory valuation is invoked, requiring fresh consideration of objections and compa...
Waiver of written show-cause notice may prevent a later procedural challenge after participation in customs adjudication, preserving statutory appella...
Retrospective invalidity of ocean-freight IGST supports refunds despite non-party status and prior credit utilisation, subject to authorised appeal gr...
Additional evidence in departmental appeals may include show-cause-notice material without introducing a new case where it merely corroborates existin...
Reasoned rectification orders require consideration of expenditure disclosed in income-tax returns, preventing revision based on incomplete income com...
Modified returns after business reorganisations cannot trigger fresh scrutiny once the original assessment was complete, invalidating related transfer...
Page of 4891
Press 'Enter' after typing page number.
21 to 40 of 97820 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
The CESTAT allowed the appeal, holding that where an assessee clears goods both to sister units and independent third-party buyers, the assessable value for related party transfers must be the transaction value, not costing plus profit margin under Rule 8 of the Central Excise Valuation Rules, 2000. The tribunal found the appellant's clearances to unrelated parties substantiated, negating the applicability of cost-based valuation. Additionally, the confirmed demand arising from a debit note lacked corroborative evidence of receipt and was set aside. The demand was also barred by limitation, as the department failed to prove suppression despite timely statutory returns reflecting declared values. Consequently, all confirmed demands, including those based on time limitation grounds, were quashed, affirming the appellant's valuation methodology and negating the department's claims.
The CESTAT allowed the appeal, holding that where an assessee clears goods both to sister units and independent third-party buyers, the assessable value for related party transfers must be the transaction value, not costing plus profit margin under Rule 8 of the Central Excise Valuation Rules, 2000. The tribunal found the appellant's clearances to unrelated parties substantiated, negating the applicability of cost-based valuation. Additionally, the confirmed demand arising from a debit note lacked corroborative evidence of receipt and was set aside. The demand was also barred by limitation, as the department failed to prove suppression despite timely statutory returns reflecting declared values. Consequently, all confirmed demands, including those based on time limitation grounds, were quashed, affirming the appellant's valuation methodology and negating the department's claims.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4891 
