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...
Classification of computer monitors hinged on their principal description and intended use; the tribunal accepted that monitors designed for computer use are distinguishable from TV/video monitors, affecting tariff treatment, and noted guidance from the Board on residuary entries. The tribunal held that where an importer discharged IGST at 18% by self-assessment, customs could not unilaterally revise that to 28% on reassessment, relying on prior precedent, and therefore set aside orders sustaining 28% IGST. The matter is remitted to the proper officer under section 17(5) of the Customs Act for fresh determination of consequential duty liability.
Classification of computer monitors hinged on their principal description and intended use; the tribunal accepted that monitors designed for computer use are distinguishable from TV/video monitors, affecting tariff treatment, and noted guidance from the Board on residuary entries. The tribunal held that where an importer discharged IGST at 18% by self-assessment, customs could not unilaterally revise that to 28% on reassessment, relying on prior precedent, and therefore set aside orders sustaining 28% IGST. The matter is remitted to the proper officer under section 17(5) of the Customs Act for fresh determination of consequential duty liability.
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