Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
CESTAT held that although the appellant and the buyer are inter-connected undertakings, the requisite legal relationship under Section 4(3)(b) and Rule 9 of the Valuation Rules (viz., distributorship/relatives or specified categories) was not established; consequently the deeming provisions treating them as related persons for valuation are inapplicable. The Tribunal further found no basis to classify the arrangement as a job-work transaction triggering Rule 10A valuation. The adjudicatory treatment of the supplies as related-party job work for enhanced valuation was therefore unsustainable. The impugned order confirming duty demands was set aside and the appeal allowed.
CESTAT held that although the appellant and the buyer are inter-connected undertakings, the requisite legal relationship under Section 4(3)(b) and Rule 9 of the Valuation Rules (viz., distributorship/relatives or specified categories) was not established; consequently the deeming provisions treating them as related persons for valuation are inapplicable. The Tribunal further found no basis to classify the arrangement as a job-work transaction triggering Rule 10A valuation. The adjudicatory treatment of the supplies as related-party job work for enhanced valuation was therefore unsustainable. The impugned order confirming duty demands was set aside and the appeal allowed.
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