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...
An assessee-company's residential status for tax purposes had to be determined on the factual and legal basis for locating its place of effective management, not on the institutional status of the authority that earlier considered the matter. The Tribunal found that the material showing effective control was not exercised abroad had merit, and that the Assessing Officer had not rebutted the factual foundation relied on to place POEM in India. As the first appellate authority accepted that the collegium's basis lacked merit, it could not sustain the assessment merely because it was reluctant to differ from that collegium. The POEM finding in India was therefore unsustainable, and the global income addition was deleted.
An assessee-company's residential status for tax purposes had to be determined on the factual and legal basis for locating its place of effective management, not on the institutional status of the authority that earlier considered the matter. The Tribunal found that the material showing effective control was not exercised abroad had merit, and that the Assessing Officer had not rebutted the factual foundation relied on to place POEM in India. As the first appellate authority accepted that the collegium's basis lacked merit, it could not sustain the assessment merely because it was reluctant to differ from that collegium. The POEM finding in India was therefore unsustainable, and the global income addition was deleted.
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