Effective service requirement: officers must explore alternative service modes beyond the GST portal and afford personal hearing; non-compliance voids...
Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
CESTAT considered whether payments to a foreign supplier's local agent and linked product support/service payments form part of assessable transaction value under the Customs Valuation Rules, applying the transaction value and arm's length principles and Rule 9(1)(e). The tribunal upheld the adjudicating authority's factual findings on valuation and declined Revenue's challenge for lack of fresh specifics, while exercising discretion under the Customs Act to substantially reduce the penalty under the discretionary penalty provision given mitigating factors including ongoing Supreme Court litigation and public sector status; appeal by Revenue dismissed and importer appeal partly allowed.
CESTAT considered whether payments to a foreign supplier's local agent and linked product support/service payments form part of assessable transaction value under the Customs Valuation Rules, applying the transaction value and arm's length principles and Rule 9(1)(e). The tribunal upheld the adjudicating authority's factual findings on valuation and declined Revenue's challenge for lack of fresh specifics, while exercising discretion under the Customs Act to substantially reduce the penalty under the discretionary penalty provision given mitigating factors including ongoing Supreme Court litigation and public sector status; appeal by Revenue dismissed and importer appeal partly allowed.
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