Service of notice and contractual debt acknowledgment preserved insolvency admission against a corporate guarantor despite limitation and natural just...
Original works exemption excludes standalone boulder transportation, leaving subcontracted railway-project transport services subject to service tax l...
Annual production capacity determinations excluding stenter galleries support refunds for unconstitutional excise levies without an unjust-enrichment ...
Vicarious liability for cheque dishonour requires specific allegations of responsibility and cheque signatory; generic director allegations cannot sus...
IT Resilience Index requires market infrastructure institutions to automate resilience scoring, early warnings, and continuous service-delivery monito...
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.
Note: It is a system-generated summary and is for quick reference only.