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...
Provisional release of imported goods was allowed against a bank guarantee securing differential duty where petitioners claimed preferential tariff treatment under CAROTAR and supplier furnished origin confirmations and cooperation; HC found no adjudicatory proceedings initiated and no conclusive adverse material since 2018, so denial of provisional release was unjustified. The court reasoned that potential departmental recovery of full customs duty would be adequately secured by the bank guarantee and that verification of origin can proceed without continuing detention; writ petitions disposed granting relief for provisional release.
Provisional release of imported goods was allowed against a bank guarantee securing differential duty where petitioners claimed preferential tariff treatment under CAROTAR and supplier furnished origin confirmations and cooperation; HC found no adjudicatory proceedings initiated and no conclusive adverse material since 2018, so denial of provisional release was unjustified. The court reasoned that potential departmental recovery of full customs duty would be adequately secured by the bank guarantee and that verification of origin can proceed without continuing detention; writ petitions disposed granting relief for provisional release.
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