Toy balloon tariff classification: functional heading prevails over residual rubber and festive article headings, supporting penalties for deliberate ...
Customs valuation using comparable contemporaneous imports can displace declared value, while missing speaking orders require pursuit before competent...
Foreign customs declarations and importer admissions established undervaluation, supporting sequential value redetermination, differential duty, and m...
Customs seizure safeguards prevent detention-based limitation avoidance and invalidate provisional release conditions for imported vehicles under an i...
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ITAT allowed the appeal of the assessee, deleting the addition made on account of alleged under-reporting of duty drawback. ITAT held that the assessee's consistent and bona fide accounting policy of recognizing duty drawback income on receipt (cash) basis, in line with prudence and prevailing trade practice, is acceptable and does not distort true income. It noted that the assessee had substantiated the actual duty drawback received during the relevant year through ledgers and sample shipping bills and that there was no revenue leakage, as the timing difference arose solely from the method of accounting. Applying the principles of consistency and recognizing that the right to receive becomes taxable on receipt basis in such circumstances, ITAT concluded that the method followed was fair and valid. Consequently, the addition made by the lower authorities was set aside and the assessee's appeal was allowed in full.
ITAT allowed the appeal of the assessee, deleting the addition made on account of alleged under-reporting of duty drawback. ITAT held that the assessee's consistent and bona fide accounting policy of recognizing duty drawback income on receipt (cash) basis, in line with prudence and prevailing trade practice, is acceptable and does not distort true income. It noted that the assessee had substantiated the actual duty drawback received during the relevant year through ledgers and sample shipping bills and that there was no revenue leakage, as the timing difference arose solely from the method of accounting. Applying the principles of consistency and recognizing that the right to receive becomes taxable on receipt basis in such circumstances, ITAT concluded that the method followed was fair and valid. Consequently, the addition made by the lower authorities was set aside and the assessee's appeal was allowed in full.
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