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 ...
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High Court applied the principle in Liberty India to hold that duty drawback, DEPB and similar remissions constitute an independent source of income and cannot be credited against cost of manufacture for purposes of deductions available to industrial undertakings; question (i) ruled against the appellant. The court remanded the matter to the assessing officer to determine and deduct excise and customs duties paid on raw material purchases from the duty drawback amount and to pass a fresh assessment reflecting that adjustment.
High Court applied the principle in Liberty India to hold that duty drawback, DEPB and similar remissions constitute an independent source of income and cannot be credited against cost of manufacture for purposes of deductions available to industrial undertakings; question (i) ruled against the appellant. The court remanded the matter to the assessing officer to determine and deduct excise and customs duties paid on raw material purchases from the duty drawback amount and to pass a fresh assessment reflecting that adjustment.
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