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...
Disallowance of carting expenses based on a presumed double claim was unsustainable where the assessee showed that transportation charges were raised separately by cement suppliers through debit notes or invoices, distinct from purchase invoices, and supported this with sample bills, vouchers and accounting records. The Tribunal held that the assessee's detailed explanation and documentary evidence had not been examined in either the assessment or appellate order, so the disallowance rested only on presumption and was vitiated. The addition was deleted and the assessee's appeal was allowed.
Disallowance of carting expenses based on a presumed double claim was unsustainable where the assessee showed that transportation charges were raised separately by cement suppliers through debit notes or invoices, distinct from purchase invoices, and supported this with sample bills, vouchers and accounting records. The Tribunal held that the assessee's detailed explanation and documentary evidence had not been examined in either the assessment or appellate order, so the disallowance rested only on presumption and was vitiated. The addition was deleted and the assessee's appeal was allowed.
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