Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
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...
Functional comparability in transfer pricing turned on whether MPS Ltd. matched the assessee's ITES profile as a limited-risk content development and editing service provider. The Tribunal found MPS Ltd. materially different because it carried on broader content, publishing and accessibility solutions, operated multiple in-house platforms, undertook end-to-end and product development, conducted research and development, and expanded through acquisitions. As no segmental data isolated these activities, and coordinate bench rulings for the same year had also excluded it, MPS Ltd. was held not comparable and directed to be removed from the final set of comparables. Once excluded, the assessee's margin fell within the arm's length range and no transfer pricing adjustment survived.
Functional comparability in transfer pricing turned on whether MPS Ltd. matched the assessee's ITES profile as a limited-risk content development and editing service provider. The Tribunal found MPS Ltd. materially different because it carried on broader content, publishing and accessibility solutions, operated multiple in-house platforms, undertook end-to-end and product development, conducted research and development, and expanded through acquisitions. As no segmental data isolated these activities, and coordinate bench rulings for the same year had also excluded it, MPS Ltd. was held not comparable and directed to be removed from the final set of comparables. Once excluded, the assessee's margin fell within the arm's length range and no transfer pricing adjustment survived.
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