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...
Valuation of mixed used/unused imported toolroom parts must follow the sequential methodology of the Customs Valuation Rules, resorting to the residual method only if Rules 3-8 cannot be applied; a Chartered Engineer certificate and unverified contemporaneous import data cannot alone justify rejection of the transaction value, and redetermination based solely on such a certificate is unlawful. Where the declared description matched the CE certificate and first check examination occurred, findings of intentional mis declaration were unsupported; consequential confiscation, redemption fine and penalty were set aside and reassessment was held unsustainable.
Valuation of mixed used/unused imported toolroom parts must follow the sequential methodology of the Customs Valuation Rules, resorting to the residual method only if Rules 3-8 cannot be applied; a Chartered Engineer certificate and unverified contemporaneous import data cannot alone justify rejection of the transaction value, and redetermination based solely on such a certificate is unlawful. Where the declared description matched the CE certificate and first check examination occurred, findings of intentional mis declaration were unsupported; consequential confiscation, redemption fine and penalty were set aside and reassessment was held unsustainable.
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