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...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
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The HC dismissed the appeal, upholding the Tribunal's factual finding that the respondent-assessee, an EOU, had lawfully procured duty-free inputs under CT-3, consumed them in manufacturing, and, upon inability to export finished LPG due to regulatory clearance constraints, sold into the DTA after voluntarily discharging the duty and interest and notifying the Department. The Court held that no show-cause notice was required where there was no suppression of material facts and duty with interest had been paid prior to any notice; consequently the extended limitation provisions under s.28(2B) Customs Act and s.11A(2B) CEA could not be invoked and penalties under s.114 Customs / s.11AC CEA were unsustainable.
The HC dismissed the appeal, upholding the Tribunal's factual finding that the respondent-assessee, an EOU, had lawfully procured duty-free inputs under CT-3, consumed them in manufacturing, and, upon inability to export finished LPG due to regulatory clearance constraints, sold into the DTA after voluntarily discharging the duty and interest and notifying the Department. The Court held that no show-cause notice was required where there was no suppression of material facts and duty with interest had been paid prior to any notice; consequently the extended limitation provisions under s.28(2B) Customs Act and s.11A(2B) CEA could not be invoked and penalties under s.114 Customs / s.11AC CEA were unsustainable.
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