Transfer pricing comparables selection and working capital adjustment u/r 10B(1)(e)(iii), remanded for recomputation with rejected comparables include...
Company oppression/mismanagement petition amendments and maintainability after alleged share transfer and forgery claims; tribunal order quashed for l...
Cancellation of private bonded warehouse licences and MOOWR permission under s.58B was challenged on the ground that the Commissioner lacked statutory power absent any contravention by the licensee. The Tribunal held that after the Finance Act, 2016, a licence issued under s.58 cannot be cancelled merely because the Commissioner later considers it wrongly granted; cancellation under s.58B is permissible only upon violation of the Customs Act, Rules, or licence conditions. Since no breach was alleged or established, the cancellations were without jurisdiction. It was further held that neither the Act nor MOOWR, 2019 empowers the Commissioner to restrict warehousing based on the nature of goods beyond compliance with ss.59-60. The impugned orders were set aside and the appeal was allowed. - CESTAT
Cancellation of private bonded warehouse licences and MOOWR permission under s.58B was challenged on the ground that the Commissioner lacked statutory power absent any contravention by the licensee. The Tribunal held that after the Finance Act, 2016, a licence issued under s.58 cannot be cancelled merely because the Commissioner later considers it wrongly granted; cancellation under s.58B is permissible only upon violation of the Customs Act, Rules, or licence conditions. Since no breach was alleged or established, the cancellations were without jurisdiction. It was further held that neither the Act nor MOOWR, 2019 empowers the Commissioner to restrict warehousing based on the nature of goods beyond compliance with ss.59-60. The impugned orders were set aside and the appeal was allowed. - CESTAT
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