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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...
The CESTAT upheld the classification of imported festival balloons under CTH 9505 as non-durable festive articles, rejecting the department's restrictive interpretation of "Christmas" in the HSN Notes. The goods were found not to be toys under CTH 9503 but appropriately classified under CTH 9505, consistent with General Rules of Interpretation. Regarding valuation, the Tribunal found no proof of mis-declaration of quantity or value by the importer. The department failed to follow the sequential Customs Valuation Rules, conducted an improper market survey without importer representation, and applied incorrect valuation principles by selecting the highest instead of the lowest price and disallowing legitimate deductions. The valuation was thus held to violate principles of natural justice and established jurisprudence. Consequently, the appeal by Revenue was dismissed, affirming the classification and declared valuation.
The CESTAT upheld the classification of imported festival balloons under CTH 9505 as non-durable festive articles, rejecting the department's restrictive interpretation of "Christmas" in the HSN Notes. The goods were found not to be toys under CTH 9503 but appropriately classified under CTH 9505, consistent with General Rules of Interpretation. Regarding valuation, the Tribunal found no proof of mis-declaration of quantity or value by the importer. The department failed to follow the sequential Customs Valuation Rules, conducted an improper market survey without importer representation, and applied incorrect valuation principles by selecting the highest instead of the lowest price and disallowing legitimate deductions. The valuation was thus held to violate principles of natural justice and established jurisprudence. Consequently, the appeal by Revenue was dismissed, affirming the classification and declared valuation.
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