Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
Imported aluminium tubes, pipes and profiles were held to be raw aluminium inputs classifiable under specific tariff headings rather than as motor vehicle parts; specific tariff entries prevail over generic Heading 8708, so the goods are not solely or principally for motor vehicle use and qualify for the exemption notifications, the effect being grant of exemption. Country-of-origin documentation satisfied origin requirements, so exemption applies. Misclassification was treated as interpretation, not misrepresentation, precluding invocation of extended limitation; consequentially interest and penalties and confiscation proposals were rejected.
Imported aluminium tubes, pipes and profiles were held to be raw aluminium inputs classifiable under specific tariff headings rather than as motor vehicle parts; specific tariff entries prevail over generic Heading 8708, so the goods are not solely or principally for motor vehicle use and qualify for the exemption notifications, the effect being grant of exemption. Country-of-origin documentation satisfied origin requirements, so exemption applies. Misclassification was treated as interpretation, not misrepresentation, precluding invocation of extended limitation; consequentially interest and penalties and confiscation proposals were rejected.
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