Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
Dominant issue 1: genuineness of transportation expenses - tribunal found the asserted MOU predating the assessee's incorporation was inconsistent and unexplained, and absence of reference to prior transportation in the subcontract reinforced revenue's conclusion that the MOU was fabricated; consequence: transportation claim of Rs.41,48,000 disallowed. Dominant issue 2: liability for deductions labeled "labour cess" and copy charges - under Clause 11 of the subcontract the authority's statutory deductions were payable by the sub-contractor (party of the second part), not the assessee; consequence: the assessee's claim for those subcontract expenses was disallowed. - ITAT
Dominant issue 1: genuineness of transportation expenses - tribunal found the asserted MOU predating the assessee's incorporation was inconsistent and unexplained, and absence of reference to prior transportation in the subcontract reinforced revenue's conclusion that the MOU was fabricated; consequence: transportation claim of Rs.41,48,000 disallowed. Dominant issue 2: liability for deductions labeled "labour cess" and copy charges - under Clause 11 of the subcontract the authority's statutory deductions were payable by the sub-contractor (party of the second part), not the assessee; consequence: the assessee's claim for those subcontract expenses was disallowed. - ITAT
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