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...
CESTAT allowed the appeal and set aside the adjudicating order that directed recovery of differential customs duty with interest and imposition of penalties. The Tribunal held that valuation for additional duty under s.3(1) of the Customs Tariff Act must conform to customs valuation rules and that re-determination based on post-import list prices was impermissible. The importer cannot be held liable for post-import alteration or re-affixation of retail selling prices by downstream parties; such adjustments, if any, pertain to excise jurisdiction under the Central Excise Act and Standards of Weights and Measures Act. The adjudicating authority exceeded its powers under the Customs Act; recovery and penalty directions were quashed.
CESTAT allowed the appeal and set aside the adjudicating order that directed recovery of differential customs duty with interest and imposition of penalties. The Tribunal held that valuation for additional duty under s.3(1) of the Customs Tariff Act must conform to customs valuation rules and that re-determination based on post-import list prices was impermissible. The importer cannot be held liable for post-import alteration or re-affixation of retail selling prices by downstream parties; such adjustments, if any, pertain to excise jurisdiction under the Central Excise Act and Standards of Weights and Measures Act. The adjudicating authority exceeded its powers under the Customs Act; recovery and penalty directions were quashed.
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