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 ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Rule 17(2) deemed that packing machines in an unregistered unit operate from the financial year start, but contemporaneous documentary and testimonial evidence of purchase, transport and installation displaced the deeming to 16.05.2011, limiting duty to actual days of operation. Statements of third parties relied on by the department were inadmissible without cross-examination under Section 9D and, together with panchnama discrepancies, lacked probative value to establish clandestine manufacture or earlier clearance. Absent independent corroboration the Tribunal set aside demands and penalties premised on illicit manufacture or collusion and granted consequential relief.
Rule 17(2) deemed that packing machines in an unregistered unit operate from the financial year start, but contemporaneous documentary and testimonial evidence of purchase, transport and installation displaced the deeming to 16.05.2011, limiting duty to actual days of operation. Statements of third parties relied on by the department were inadmissible without cross-examination under Section 9D and, together with panchnama discrepancies, lacked probative value to establish clandestine manufacture or earlier clearance. Absent independent corroboration the Tribunal set aside demands and penalties premised on illicit manufacture or collusion and granted consequential relief.
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