Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
Article 24(4) (non-discrimination) of the India-Denmark DTAA precludes a domestic thin-capitalisation measure that differentiates deductibility of interest based on creditor residence; applying treaty supremacy via section 90(2) the Tribunal concluded the section 94B disallowance could not be sustained where the debt and interest were accepted as arm's-length. The note further records computational principles: EBITDA must reflect gross (actual) depreciation, not netting by subvention; only interest actually deductible may be counted for the statutory limit; notional Ind AS accretion and interest already disallowed as capital must be excluded from the section 94B computation.
Article 24(4) (non-discrimination) of the India-Denmark DTAA precludes a domestic thin-capitalisation measure that differentiates deductibility of interest based on creditor residence; applying treaty supremacy via section 90(2) the Tribunal concluded the section 94B disallowance could not be sustained where the debt and interest were accepted as arm's-length. The note further records computational principles: EBITDA must reflect gross (actual) depreciation, not netting by subvention; only interest actually deductible may be counted for the statutory limit; notional Ind AS accretion and interest already disallowed as capital must be excluded from the section 94B computation.
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