PMLA anticipatory bail requires satisfaction of twin conditions, while predicate-offence protection does not extend to independent money-laundering pr...
School-affiliation charges remain taxable where not directly connected with examinations, while extended limitation requires proof of deliberate tax e...
Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
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CESTAT held that the impugned order was set aside and the appeal allowed, concluding that customs officers lack statutory authority to redetermine the FOB transaction value agreed between the exporter (Appellant) and the overseas buyer (Respondent). The Tribunal affirmed that FOB constitutes the transaction value where the exporter bears costs and risks until goods are placed on board, and neither the Act nor the Export Valuation Rules empower a proper officer or any third party to alter that contractual transaction value for benefits assessment. The proper officer's valuation powers relate to assessable value for duty purposes under section 14 and do not extend to revising an agreed FOB sale price.
CESTAT held that the impugned order was set aside and the appeal allowed, concluding that customs officers lack statutory authority to redetermine the FOB transaction value agreed between the exporter (Appellant) and the overseas buyer (Respondent). The Tribunal affirmed that FOB constitutes the transaction value where the exporter bears costs and risks until goods are placed on board, and neither the Act nor the Export Valuation Rules empower a proper officer or any third party to alter that contractual transaction value for benefits assessment. The proper officer's valuation powers relate to assessable value for duty purposes under section 14 and do not extend to revising an agreed FOB sale price.
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