Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
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 allowed the appeal and set aside the impugned orders to the extent they upheld demands of differential customs duty, interest and penalties. The Tribunal held that the transaction value declared at importation, which had been scrutinised and enhanced by the proper officer at assessment and clearance, could not be further re-determined absent cogent reasons prescribed under s.14 of the Customs Act and the Customs Valuation Rules. The Department failed to discharge the burden of proving under-valuation or illicit flowbacks; reliance primarily on a statement of a co-appellant was inadequate. Consequently, reassessment and penal consequences premised on purported suppression or misdeclaration were quashed.
The CESTAT allowed the appeal and set aside the impugned orders to the extent they upheld demands of differential customs duty, interest and penalties. The Tribunal held that the transaction value declared at importation, which had been scrutinised and enhanced by the proper officer at assessment and clearance, could not be further re-determined absent cogent reasons prescribed under s.14 of the Customs Act and the Customs Valuation Rules. The Department failed to discharge the burden of proving under-valuation or illicit flowbacks; reliance primarily on a statement of a co-appellant was inadequate. Consequently, reassessment and penal consequences premised on purported suppression or misdeclaration were quashed.
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