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...
Determination of Fe content in exported iron ore fines governed admissibility of test reports and duty liability; departmental CRCL samples taken at load port were preferred over private laboratory reports, and reliance on private tests was rejected, resulting in dismissal of Revenue's differential duty claim. Allegations of artificial splitting of consignments failed for lack of substantive proof, and separate contracts, sampling advices, and shipping bills supported separate consignments - allegation dismissed. Confessional statements alone were held insufficient to sustain adjudication and therefore could not determine liability. Discharge port analyses were held irrelevant for FOB sales pricing and duty assessment. Deposit refunded with interest.
Determination of Fe content in exported iron ore fines governed admissibility of test reports and duty liability; departmental CRCL samples taken at load port were preferred over private laboratory reports, and reliance on private tests was rejected, resulting in dismissal of Revenue's differential duty claim. Allegations of artificial splitting of consignments failed for lack of substantive proof, and separate contracts, sampling advices, and shipping bills supported separate consignments - allegation dismissed. Confessional statements alone were held insufficient to sustain adjudication and therefore could not determine liability. Discharge port analyses were held irrelevant for FOB sales pricing and duty assessment. Deposit refunded with interest.
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