Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
CESTAT allows the appeal, sets aside the impugned order and remands the matter to the first appellate authority for fresh adjudication. The Tribunal found the impugned conditions and the reversal of the amendment unsustainable insofar as they rest on an undetermined premise whether the relevant bill of lading was "non-negotiable" and whether a no-objection or deemed-warehousing permission under ss. 47-49 and s.30 of the Customs Act was required or granted. The first appellate authority erred in deferring duty payment and regularizing retention without record of statutory permission and without first determining its competence and the nature of the bill of lading; those issues are to be decided afresh.
CESTAT allows the appeal, sets aside the impugned order and remands the matter to the first appellate authority for fresh adjudication. The Tribunal found the impugned conditions and the reversal of the amendment unsustainable insofar as they rest on an undetermined premise whether the relevant bill of lading was "non-negotiable" and whether a no-objection or deemed-warehousing permission under ss. 47-49 and s.30 of the Customs Act was required or granted. The first appellate authority erred in deferring duty payment and regularizing retention without record of statutory permission and without first determining its competence and the nature of the bill of lading; those issues are to be decided afresh.
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