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Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
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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...
CESTAT allowed the appeal filed by the importer and set aside the order of the Pr. Commr. denying exemption under N/N. 25/2002 dated 01.03.2002. The Tribunal held that the imported goods were duly declared in the Bills of Entry as intended for manufacture of PCB/PCBA of mobile phones, and there was no allegation of non-compliance with the procedural requirements under r.5 of the 2017 Rules. The misdescription in the declaration under r.4 as "smart phones" was treated as an honest and satisfactorily explained mistake, not affecting substantive eligibility. Consequently, the denial of exemption, demand of differential customs duty, interest, and penalty were quashed.
CESTAT allowed the appeal filed by the importer and set aside the order of the Pr. Commr. denying exemption under N/N. 25/2002 dated 01.03.2002. The Tribunal held that the imported goods were duly declared in the Bills of Entry as intended for manufacture of PCB/PCBA of mobile phones, and there was no allegation of non-compliance with the procedural requirements under r.5 of the 2017 Rules. The misdescription in the declaration under r.4 as "smart phones" was treated as an honest and satisfactorily explained mistake, not affecting substantive eligibility. Consequently, the denial of exemption, demand of differential customs duty, interest, and penalty were quashed.
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