Transfer pricing comparability under TNMM: foreign exchange loss on ECB excluded from operating cost, and a functionally dissimilar comparator removed...
Fake AI-generated precedents vitiate adjudication, with unverified citations contaminating the decision-making process and undermining the rule of law...
CESTAT allowed the appeal and set aside the impugned order. The Tribunal held the revised tariff classification of the imported welded titanium tubes by the respondent-Commissioner unsustainable: the respondent failed to discharge the statutory onus to establish classification within the residual "others" heading before comparing it with the classification claimed by the appellant, and the show-cause notice's limited remit precluded fresh adjudication. Consequently, the demand for differential duty, confiscation, redemption fine and penalty premised on the contested classification does not survive. The appeal is allowed and the adjudicatory direction based on the impugned classification is vacated.
CESTAT allowed the appeal and set aside the impugned order. The Tribunal held the revised tariff classification of the imported welded titanium tubes by the respondent-Commissioner unsustainable: the respondent failed to discharge the statutory onus to establish classification within the residual "others" heading before comparing it with the classification claimed by the appellant, and the show-cause notice's limited remit precluded fresh adjudication. Consequently, the demand for differential duty, confiscation, redemption fine and penalty premised on the contested classification does not survive. The appeal is allowed and the adjudicatory direction based on the impugned classification is vacated.
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