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...
Differential duty under the EPCG Notification No.28/97 was held payable in principle in terms of the bond, but the demand was quashed and remitted for re computation because the adjudicating authority confirmed demand without hearing the appellant and without considering pending requests to include third party exports, duty calculation on depreciated value of capital goods, and permissible intervening exports. Confiscation under the Customs non observance provision is unsustainable where the competent authority subsequently extended the export obligation period, thereby regularising earlier non observance; consequently confiscation of capital goods and the related penalty are set aside. Appeal allowed in part and demand remanded.
Differential duty under the EPCG Notification No.28/97 was held payable in principle in terms of the bond, but the demand was quashed and remitted for re computation because the adjudicating authority confirmed demand without hearing the appellant and without considering pending requests to include third party exports, duty calculation on depreciated value of capital goods, and permissible intervening exports. Confiscation under the Customs non observance provision is unsustainable where the competent authority subsequently extended the export obligation period, thereby regularising earlier non observance; consequently confiscation of capital goods and the related penalty are set aside. Appeal allowed in part and demand remanded.
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