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 ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Whether freight charged to buyers for consignments on a "freight to pay" basis must be included in assessable value under the valuation rules was addressed; tribunal applied the flow-back/benefit test and prior rulings holding that buyer-paid freight for goods cleared through consignment agents at consignment depot is not includible in assessable value, and therefore excluded such freight from valuation. The tribunal also applied judicial discipline by following its earlier decisions for the same taxpayer/periods rather than divergent precedents, and accordingly set aside the impugned order and allowed the appeal with consequential relief.
Whether freight charged to buyers for consignments on a "freight to pay" basis must be included in assessable value under the valuation rules was addressed; tribunal applied the flow-back/benefit test and prior rulings holding that buyer-paid freight for goods cleared through consignment agents at consignment depot is not includible in assessable value, and therefore excluded such freight from valuation. The tribunal also applied judicial discipline by following its earlier decisions for the same taxpayer/periods rather than divergent precedents, and accordingly set aside the impugned order and allowed the appeal with consequential relief.
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