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...
No transfer pricing adjustment could be sustained on the notional value of employee stock options granted by a parent company to the assessee's employees, because the assessee had not actually incurred any expenditure or assumed any liability for acquiring the shares. The Tribunal applied Rule 10B(1)(e)(i) and held that net profit margin under TNMM must be computed with reference to costs actually incurred, meaning a real financial outflow or obligation. Since the TDS reimbursement was made without mark-up and no ESOP cost was recorded in the books, imputation of a hypothetical cost was contrary to the transfer pricing rules. The adjustment relating to Restricted Stock Units was deleted.
No transfer pricing adjustment could be sustained on the notional value of employee stock options granted by a parent company to the assessee's employees, because the assessee had not actually incurred any expenditure or assumed any liability for acquiring the shares. The Tribunal applied Rule 10B(1)(e)(i) and held that net profit margin under TNMM must be computed with reference to costs actually incurred, meaning a real financial outflow or obligation. Since the TDS reimbursement was made without mark-up and no ESOP cost was recorded in the books, imputation of a hypothetical cost was contrary to the transfer pricing rules. The adjustment relating to Restricted Stock Units was deleted.
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