International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
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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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