Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
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Admissibility of electronic printouts and statements recorded under section 108 in customs valuation was the central issue. Tribunal found absence of evidence about how printouts were produced, lack of certificates and no recording in Panchnamas meant the printouts could not be relied upon for undervaluation findings, so the re-determination of transaction value, differential duty and penalties could not be sustained; consequently the impugned reassessment and related demands/penalties were set aside and the appeals allowed.
Admissibility of electronic printouts and statements recorded under section 108 in customs valuation was the central issue. Tribunal found absence of evidence about how printouts were produced, lack of certificates and no recording in Panchnamas meant the printouts could not be relied upon for undervaluation findings, so the re-determination of transaction value, differential duty and penalties could not be sustained; consequently the impugned reassessment and related demands/penalties were set aside and the appeals allowed.
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