Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
In export valuation under Section 14, the transaction value is the primary measure and Customs Valuation Rules (CVR, 2007) must be applied sequentially; the Revenue bears the burden to displace a declared invoice value. The tribunal found the department bypassed the sequential Rules and improperly relied on a market survey that compared manufacturers' prices to a trader's procurement cost, rendering the comparison and re-determined per unit valuation (with an added notional 10% profit) incorrect and unsupported by law. Because the Revenue failed to justify reassessment, the appeals were dismissed and the seized goods were directed to be released following upload of the order.
In export valuation under Section 14, the transaction value is the primary measure and Customs Valuation Rules (CVR, 2007) must be applied sequentially; the Revenue bears the burden to displace a declared invoice value. The tribunal found the department bypassed the sequential Rules and improperly relied on a market survey that compared manufacturers' prices to a trader's procurement cost, rendering the comparison and re-determined per unit valuation (with an added notional 10% profit) incorrect and unsupported by law. Because the Revenue failed to justify reassessment, the appeals were dismissed and the seized goods were directed to be released following upload of the order.
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